A man who avoided an 11-month jail sentence because of an appeal by his solicitor after he missed a court appearance to attend an interview for a place in rehab, will have to face further sentencing after new revelations were brought up in court this week (June 3 ).
“If I had known about this I wouldn't have given him that sentence at the last appearance [on May20],” said an exasperated Judge John Neilan.
Before court was Ian Galvin (23 ), of Railway View, Athlone on foot of a bench warrant issued last week (May 27 ) for his non-appearance on a drink-related public order charge, stemming from an incident at St Francis Terrace on May 11.
The week before that (May 20 ), Galvin had an 11-month sentence for headbutting and kicking a man unconscious in August 2008 adjourned until October 21, to see if he could get some help again for his alcoholism.
According to his solicitor, Mr Padraig Quinn, Galvin did not appear last week (May 27 ) because he had an interview with the Cuan Mhuire alcohol rehabilitation unit in Bruree, Co Limerick, on that day.
He told the court Galvin attended this appointment in the mistaken impression it was a requirement of the May 20 order, but the judge didn't accept this and accused the defendant of “arrogance” to think he could make such a decision.
However, Mr Quinn rescued this situation by conceding to Judge Neilan that his client “may have got that impression [that the rehab interview was more important] from me”.
However, a further revelation, made during the reading of his previous convictions by Inspector Jarlath Folan, could see the defendant facing even greater difficulties.
It transpired that Galvin had a four month sentence, handed down in the Athlone District Court on October 14, 2008 for fighting with bouncers whilst on bail, suspended for a year after a successful appeal in Mullingar Circuit Court on February 24.
The inspector said he would have to re-face that judge before Judge Neilan could sentence Galvin further and apologised for the computer hitch that had stopped this fact from coming to light previously.
“If I had known about this I wouldn't have given him that sentence at the last appearance,” said Judge Neilan, before remanding Galvin on continuing bail to appear before Judge Kennedy at Mullingar Circuit Court on October 4.
