This article is from page 6 of the 2014-02-25 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 6 JPG
A KILRUSH man described as having a serious heroin problem and held in “high regard” by a district court judge had a seven months sentence suspended for two years at Kilrush District Court on Tuesday.
Anthony Kelly (34), with an address at 5 Place de Plouzane, Burton Street, Kilrush, pleaded guilty to dangerous driving and failing to stop for gardaí on the N68 on August 23, 2011.
He also pleaded to assaulting a Garda Sergeant in Kilrush on March 19, 2012.
The court heard that gardaí saw Mr Kelly driving erratically along the N68 towards Kilrush and was veering right and left across the road for no apparent reason. He then overtook two vehicles on a continuous line.
When gardaí indicated for him to stop he increased speed and passed two more cars.
In the townland of Clooneylissaun, Kilrush, Mr Kelly’s car met a woman and two young children walking along the road and they were forced to move in to avoid the car the court was told. The defendant refused to stop shortly afterwards again for gardaí at Burrane Upper.
In total Mr Kelly faced five charges of Dangerous Driving Section 53 (1) (as amended by Section 51 of the Road Traffic Act 1968) and 2 (b) (a amended by section 18 of the Road Traffic Act 2006) of the road traf- fic act 1961 at Darragh, Druinineen, Clooneylissaun, Parknamoney, and Ballymacurtain.
He was also charged with two counts of refusing to stop for gardaí contrary to section 109(1) Road Traffic Act 1961 as amended by Section 6 Road Traffic Act 1968 and Section 012 Road Traffic Act 1961, as amended by Section 18 of the Road Traffic Act.
Jude Patrick Durcan said that as all charges related to the one incident he would have to deal with it as such.
He sentenced Mr Kelly, who had numerous previous road traffic convections, to four months in prison for what he regarded as the most serious incident of dangerous driving at Burrane Upper and struck out the other dangerous driving charges.
He fined him € 300 for failing to stop for gardaí at Burrane Upper and took the other charges into account.
The court also heard that on March 19, 2012, gardaí were called to a disturbance in Kilrush. They found Anthony Kelly kicking at a door and noticed a strong smell of alcohol from him.
Prosecuting Garda Inspector John O’Sullivan said the defendant was spitting and shouting obscenities at gardaí. Mr Kelly then left the area on the Gardaí’s request but returned.
“He came up to Sgt Lavin, put his face to Sgt Lavin’s face and then pushed him in the chest,” said the Inspector.
Mr Kelly pleaded guilty to Section 2 of Non Fatal Offences Against the Person Act 1997.
“There are two things I don’t like. I don’t like biting and I don’t like spitting. And I don’t like hearing Sgt Lavin was pushed around,” said Judge Durcan.
Judge Durcan sentenced the defendant to three months for the assault on Sgt Lavin to run consecutive on the four months sentence for dangerous driving.
He suspended the seven month sentence for two years and released Mr Kelly on his own bond of € 100.
“I feel both are matters for a prison sentence and I am baring that in mind,” the judge said.
“The offences before this court today are hugely serious and should you come before me again then you will serve a sentence,” he told Mr Kelly.
“To be fair to this man he has tried, he has fallen off the wagon and he is trying again,” said the District Court Judge.
He said he held the defendant in “high regard as a young man”, but that he would not have a situation where a senior member of the Gardaí was abused and where and innocent members and the public – a woman and children – were put in danger.
Solictor for Mr Kelly, Fiona Hehir said her client had a serious heroin addiction for years.
She said the father of three, with one on the way, had been making great progress in Galway and was now back in Kilrush and meeting with his GP and Sláinte regularly.
He was trying to get back on a methadone programme and was on a list for a rehabilitation facility in Cork.