A mother of four avoided jail this week despite facing her ninth driving ban and having seven outstanding bench warrants, because the judge didn’t believe the system would keep her in jail if he sent her there.
Olivia O’Neill (31 ) from Battery Heights, Athlone was arrested on Connaught Street on Tuesday morning (November 4 ) on foot of two of the bench warrants and was brought to court from Garda custody to face a number of other charges, including larceny and driving without insurance.
Aware of the policy of the Dochas centre - the womens’ prison at Mountjoy - to release non-violent offenders very early into their sentences in order to make more space, Judge David Anderson said: “I don’t want the Governor of Mountjoy to let her out tomorrow, she repeats her Section 49 [drink driving] and kills someone unless I do something about it”.
O’Neill, whose home has been attacked and her husband jailed in a number of feud-related incidents in recent years, argued through her solicitor, Mr Padraic Quinn, the reason she had missed her most recent court appearance was because she had to take one of her children to Temple Street hospital in Dublin.
The Gardai objected to bail on account of her seven outstanding warrants and her history of not showing up in court.
“She understands the seriousness of the charges,” said Mr Quinn.
“She lives locally and is willing to sign on [at the Garda station] every day”.
Judge Anderson, however, would not give her bail until he had heard the facts from the other outstanding charges.
“She’s in custody and she stays in custody until I see the [charge] sheets from the other two gardai,” he said, before pointing out her four previous convictions for driving without insurance and one for drink driving.
The court was told how gardai had CCTV footage of O’Neill taking €46 worth of groceries from Spollens in Glasson on September 4 last year which were not recovered.
Also, on March 2 last she was stopped in Battery Heights driving a car with no insurance.
Mr Quinn told the court how his client came from “a very dysfunctional background” but that the HSE was satisfied her family was not at risk and was well cared for.
He explained how O’Neill “has had her own drug problems” and has attended a methadone clinic and psychiatrist on Probation Service direction.
“Her husband has been in jail and has his own health difficulties,” said Mr Quinn.
He pleaded for a non-custodial sentence as he felt a custodial sentence would have an adverse affect on her children.
“All that’s very fine, Mr Quinn,” said the judge “but why does she keep driving the same car without insurance?”
The judge pointed out her four previous convictions for having no insurance as well as her previous drink driving charge.
“She’s now up to eight or nine disqualifications,” said the judge.
“I think she would accept now that she’s not to be driving,” said Mr Quinn.
“She has no good explanation - she knows that now”.
“I don’t want the Governor of Mountjoy to let her out tomorrow, she repeats her Section 49 [drink driving] and kills someone unless I do something about it,” said the judge.
“I’ll give her bail on condition she doesn’t drive a car under the term limit of this bond.
“If this comes back to me, I will have to seek a probation report while she’s in custody on remand”.
He bailed O’Neill on her own bond of €100 to re-appear on December 16 “for further remand and a probation report” and gave the gardai leave to re-enter the case “if they see her anywhere behind the wheel of a car again”.
There were two other charges of larceny, from Xtravision and Easons last May, which O’Neill was contesting and she was bailed on these to re-appear on November 25.
“Given her history of not turning up in court, Mr Quinn, can you explain to her that I can have the facts heard in her absence,” said the judge.
