A 26-year-old Ballybane man, who being in possession of a slash hook which was thrown from a car which sped dangerously away from the scene with gardai in hot pursuit, has been sentenced to a total of nine months in jail and disqualified from driving for three years.
Francis Dodd with an address at 213 Castlepark, Ballybane, appeared at Galway District Court on Monday where he entered a plea of guilty to dangerous driving at Castlepark Road on August 29, 2011, however, he denied being in possession of the slash hook.
Garda Paul Agnew gave evidence that he had been on patrol with Garda Nollaig McAndrew at 3.40pm when a call came in about a disturbance. At the scene they found a number of people out on the street. Garda McAndrew tried to talk to the defendant to ascertain what had happened but he soon took off running, got into a car, and drove away at speed. The Garda patrol van gave chase until it caught up with Dodd’s car at the junction of Castlepark Road and Ballybane Road. Garda Agnew explained it was at this point that a “slash hook was thrown from the window on the driver’s side”. He said that Dodd’s “demeanor was upset when arrested” and that the defendant told him the slash hook had been put in the car.
Defence solicitor Valerie Corcoran put it to Garda Agnew that it was her client’s partner who had phoned the gardai because of an incident at the family home, however, Garda Agnew could not confirm this. Ms Corcoran explained that Dodd had been upset and was trying to explain what had happened. She said he “took off because he felt no one was listening to him”.
Under cross examination Garda Agnew said that when Garda McAndrew was talking to Dodd there was no slash hook present. He added that the “vehicle was in sight at all times” and that he could “only assume it [the slash hook] was in the vehicle”.
“Smoke had been billowing out [from the car]. How can you say who discarded it? He had been standing beside the car, he didn’t run.” Ms Corcoran put it to Garda Agnew who replied: “I know that it came from the driver’s side. There was a run to the car, the length of the courtroom. The car took off and exited straight away. The only open window when we approached the car was the driver’s side and the defendant was driving.”
Garda McAndrew then gave evidence that when she had been talking to Dodd he became “nervous” and ran to his vehicle which took off in the direction of Castlepark Road. She added that during the chase Dodd’s car could be seen “swerving all over the road”, driving dangerously towards the junction of Ballybane Road. Garda McAndrew then confirmed that she also saw “a slash hook being thrown from the driver’s side” of the vehicle.
When Dodd took the stand he gave evidence under oath that he had gone to his mother’s house and that his brother and brother’s partner were there. He added that there had been a falling out over a sentencing matter a few years back and that on this day he had “been in fear” for his life. “I didn’t want to be attacked. I didn’t run to the car. The garda refused to speak to me,” said Dodd who further explained that his partner had been attacked and that he had taken the weapon by force from the attacker and placed it in the car. “I was frustrated, nervous, I didn’t know what to do,” he said. When Inspector Ernie Whyte then put it to Dodd that the slash hook had been thrown from the car he said that his partner had thrown it from the passenger side.
Ms Corcoran then told the court there was a conflict of evidence in relation to where the slash hook came from and that Dodd did not have possession of it when it was discarded. However, Judge Mary Fahy ruled that Dodd’s “evidence has no credibility”. Inspector Whyte then informed the court that Dodd has five previous convictions including a nine months suspended sentence for production of an article capable of inflicting serious injury and a nine months consecutive suspended sentence for assault causing harm imposed in May 2010.
After consideration Judge Fahy re-entered the suspended sentence but did not reactivate it. For possession of the slash hook Dodd was convicted and sentenced to six months jail and for dangerous driving he was sentenced to three months, to run consecutively, and disqualified from driving for three years. Leave to appeal was also granted.
