A man already serving a sentence, who was caught with a Stanley knife in his pocket after Gardai stopped his car, was given a two concurrent month addition in the District Court this week (January 27 ), despite being threatened with 11 months.
Appearing from custody where he is serving a sentence for road traffic offences was Gareth Ward (32 ) from Oldbridge, Toberona, Dundalk, Co Louth.
The court heard how Ward was stopped by gardai in a car in Willow Park, Athlone at 8.45pm on January 25, 2009 and when searched, they found the knife in his pocket, along with a small amount of cannabis.
Ward initally appeared in court on these charges a year ago but missed a subsequent appearance, and so had a S13 bench warrant against him.
His solicitor, Sean T. O’Reilly, told the court the car belonged to Ward’s father and the defendant was driving to prevent his father from doing so and had got lost in Athlone.
“That’s how he came to Garda attention,” said Mr O’Reilly.
“There is no allegation there was intent to use it.”
Mr O’Reilly claimed his client found the knife on the floor of the car and had picked it up and put it in his pocket for safety.
In relation to the cannabis, Mr O’Reilly said his client had an addiction and submitted a supporting letter from a counsellor Ward had been attending.
However, after noting the letter from the counsellor contained no landline number, no VAT number, no qualification, and no evidence of who was funding his practice, Judge John Neilan was somewhat sceptical of its provenance and content.
“I suggest you send this document to the Department of Justice,” said the judge
“It says here I shouldn’t send the defendant to prison because it’s not the place to deal with his addiction or mental health issues. To suggest to me the defendant shouldn’t go to prison is unacceptable.”
Mr O’Reilly suggests this was a ‘community-based’ counsellor that Ward had attended in Dundalk.
“The court has to be very sensitive in relation to such documents,” said the judge.
“The public are entitled to know the type of material handed in,” he added, before voicing his concerns about this type of offence.
“My concerns are about anybody who carries any instrument of war, a Stanley knife or any instrument capable of causing injury, should get an 11-month sentence,” said the judge.
“I don’t accept this defendant had the knife by chance, and by a person engaged with the misuse of drugs.
“Most parents want their children coming home without their arms hanging off. He could’ve gone to the Garda station and said: ‘Here’s a knife I’ve found’,” said the judge.
“It is my belief that anybody who is in possession and control of a knife deserves an 11 month sentence.”
Judge Neilan enquired as to why Ward was in jail and was told it was for drink driving and having no insurance and had a release date of March 23.
“OK. I won’t add insult to injury,” said the judge as he handed down one month concurrent for the possession of the knife and another one month concurrent for the S13 bail offence.
