Legal News

LAUGHTER IN COURT AS JUDGE SAYS SHE’S A ‘CULCHIE’

A Tallaght woman, who had pleaded guilty to not sending her daughters to a local National School, had her case struck out in Tallaght Court.  Last June, the woman had pleaded guilty to two counts of failing to comply with School Attendance Notices dated June 12, 2012, concerning two of her daughters’ attendance at a National School in Tallaght.  This week, the case was before Judge Michael Coghlan, for a Progress Report.  A Solicitor for the Child and Family Agency told the Judge that the case could be struck out.  The woman’s Solicitor said he had no objection to the Application.  Judge Coghlan struck the case out.

Not having an NCT landed a man with €100 as a fine in Tallaght Court.  Anthony Woods told Judge John Lindsay that he wanted his case dealt with, but was denying the offence.  Judge Lindsay told him “Then I will have to put it back for Hearing”. 

A Tallaght man accused of dangerous driving has been before Tallaght Court.  Baykan Filibe, aged 37, with an address at Drumcairn Avenue, Tallaght, is accused of dangerous driving at Cooks Town Road in Tallaght on November 9, 2013.  Filibe’s Solicitor told Judge Bridget Riley that the alleged incident involved a road traffic accident.  Filibe’s Solicitor made an Application for free legal aid, producing one of Filibe’s payslips.  The Judge adjourned the case for three weeks for mention.

A young man accused of obstruction was before Tallaght Court this week.  Anthony Byrne, aged 24, with an address at Bawnlea Avenue, Tallaght, is charged with obstructing Garda Nevan Hartley at Sundale Close in Tallaght on July 19, 2014.  Byrne was before Judge Bridget Reilly.  His solicitor asked Judge Reilly for a short adjournment so that he could go through the case with his client.  Judge Reilly remanded Byrne on continuing bail for three weeks for mention.

An IT Engineer who cultivated nearly €2,000 worth of Cannabis got a Strike Out in Tallaght Court after he paid €2,500 to the National Children’s Hospital.  Judge John Coughlan had heard that Mark Malone started cultivating the drug because he had been suffering from stress.  He said Malone did not want to buy drugs on the street.  Malone, aged 31, with an address at Parkwood Avenue, Tallaght, had pleaded guilty to simple possession of Cannabis and cultivation of Cannabis plants at the above address on December 7 2013.  The Court had heard that the plants had been worth €1,800.  The Court heard that Malone had no previous convictions.  Malone was before the Court for payment of €2,500 to charity.  His solicitor said the money was in Court.  Judge Coughlan ordered that the donation be paid to the National Children’s Hospital and struck out the case.

A teenager accused of Public Order offences has appeared before Tallaght Court.  The 17 year old was accompanied to Court by a Social Worker.  The teenager, with an address at Rathfarnham, is charged with engaging in threatening and abusive behaviour.  Failing to comply with a Garda’s Directions and giving a false name and address to a Garda at a location in Tallaght on June 25 2014.  The teenager told Judge Riley that he is currently on social welfare.  Judge Riley assigned a local solicitor on legal aid.  Judge Riley remanded the case to a date in September for mention.

TWO MEN who cultivated cannabis worth €36,000 have been sentenced to community sentence by Tallaght Court. Judge Anthony Halpin sentenced Edward Arkins and Paul O'Neill to 240 hours community service with three months jail in default. The court had previously accepted jurisdiction in the case. Arkins, aged 37, and O'Neill, aged 34, both with an address at Maplewood Lawn, Tallaght, pleaded guilty to cultivating cannabis at the above address on June 29, 2012. They also pleaded guilty to simple possession of cannabis and with simple possession of genus cannabis at the above address also on June 29, 2012. Sergeant Bernard Jones told the court that on the above date, Garda Michelle McGuinness obtained a warrant to search the above address and was accompanied by other members of the gardai. In the box bedroom they found two fully grown cannabis plants along with sophisticated hydroponic lighting, heating arid cooling systems surrounded by foil. They also saw 20 cannabis plants in wardrobe in the front upstairs bedroom. These plants appeared to be at an early stage of growth. In the kitchen they ob-served a large tent which contained one large mature cannabis plant ,five medium sized cannabis plants and fifteen smaller cannabis plants which appeared to be at an early stage of growth. This tent also contained hydroponic lighting heating and cooling systems. On top of the tent there was a shopping bag containing dried cannabis leaves. On the window sill there were further plants at an early stage of growth. The drugs were seized and analysed and were found to be Cannabis as defined under the Misuse of Drugs Act 1984 which required a Licence to grow. Both were arrested and they made frank admissions of their involvement in the offence. The value of the drugs was E36,000 and were 46 plants in total. Padraig O'Donovan, solicitor for, Arkins and O'Neill, agreed with the facts but challenged some. He said that the DPP had a very comprehensive file submitted to her by Garda McGuinness and she directed two simple possession and a cultivation charge. A possession for sale or supply charge or a drug-trafficking charge had not been recommended. Mr O'Donovan stated his defence was based on botany as distinct on a matter of law. He quoted from the Garda file that some 40 of these plants were shoots hadn't rooted and would not be rich in THC, the ingredient for cannabis. This was accepted by the court as the prosecution could not disagree with the submission — which would have reduced the value of the drug to €3,000 as suggested by Judge Halpin after hearing Mr O’Donovan's submissions. Judge Halpin asked the cost in setting up such a sophisticated operation and Arkins responded €800. He said the law was designed purely to stop operations such as this which can be very profitable. Mr O’Donovan submitted documentary evidence that both defendants were attending counselling to deal with their addictions. Both defendants were unemployed and have trades.Considering the matter, Judge Halpin opted to impose community service. He remanded both defendants to a date in February for a community service report of 240 hours with three months jail in default. If suitable both were remanded to Tallaght District Court on February 11, 2013 for a Probation Report and if suitable he would impose 240 hours each or three months in default.  

A DRUNKEN driver has received a two year road ban from Tallaght Court. Bernadette Brazil, aged 35 with an address at Gort Uaine, Clogherhead, County Louth pleaded guilty to drink driving at the Tallaght Bypass on May 27 2012.Presenting Sergeant Carmel Henry told Judge John Lindsay that Brazil had been arrested on suspicion of drunk driving.  She said Brazil’s breath level had been 60mg/100ml.  Sgt Henry said Brazil had one previous conviction for drunken driving from 2005.  Judge Lindsay fine Brazil and disqualified her from driving for two years.

A TEENAGER who sold crack cocaine to undercover Gardaí will have to attend a local youth service for 90 days.Tallaght Court heard that the 17year old sold €50 worth of the drug to undercover Gardaí on three occasions.  The Gardaí were working as part of an operation to tackle small scale drug dealing in the Tallaght area.  The teenager with an address in Tallaght pleaded guilty to simple possession of cocaine for sale or supply at a location in Tallaght on May 3, 2011.  He had also pleaded guilty to criminal trespass at a Crèche in Tallaght on August 19, 2011.  He is also charged with burglary and possession of a stolen laptop bag at a location in Tallaght on November 4, 2011 possession of a wrench for use in theft at a location in Tallaght on January 26 2012 and with dangerous driving in Tallaght on November  2 2011.His solicitor told Judge Lindsay that he had given his client a stark warning on the last date.  Reading the report Judge Lindsay imposed a community sanction on the teenager.  As part of the sanction the teenager must attend his local youth service for the next 90 days.