Court halted as Judge Neilan fights with Inspector

The application of justice was postponed for a time in Athlone District Court this week (February 11 ) when the judge got vexed with the Garda Inspector over the non-production of evidence in a case where a guilty plea was already made.

Before court was known addict, Keith Greene (31 ) with addresses in Thornbury Drive and St Mel’s Terrace, who had been arrested in posession of six prescriptions on December 12.

When Inspector Nicholas Farrell couldn’t tell Judge John Neilan whether the prescriptions were filled or on a pad because they hadn’t been brought to court, the judge got annoyed.

“I don’t believe that is a correct charge,” the judge said, because the charge sheet didn’t specify in what form the prescriptions were.

“Read your files before you come into court.”

“I read my files before I came into court,” retorted the Inspector.

“If you want to have issue with this court, I can reply in kind,” snapped the judge, who refused to continue with the case until the Inspector could produce this evidence.

Prosecuting assistant, Garda Brian Boland, was sent to find the two detectives involved in the arrest, and when he did, they had to sit until the end of proceedings to clarify the misunderstanding.

When one of them finally got to take the stand, he told the judge that he saw Greene acting suspiciously in the Golden Island area on the date in question and when he searched him found six separate, filled prescription forms.

“He made a full statement of admission that he entered Dr McCormick’s office [at Garden Vale] on a previous date and took the prescriptions off a table,” said Garda Ryan.

“The scripts were all made out for other people.

“Him and his sister were only successful in cashing in one of these.”

Judge Neilan accepted this evidence as Garda Ryan handed him in the six prescriptions.

“There’s some very personal information on these,” he said.

“You went to the doctor’s surgery for assistance, you saw these and you must’ve known what they were.

“If you had been successful in cashing in these, the variety of drugs, goodness what they are.

“I see one here is an insulin-based drug [for diabetes].”

He sentenced Greene to 11 months in jail but adjourned its application until April 22 in anticipation of a probation report after defending solicitor, Mr Tony McLynn, told the court his client was taking steps to deal with his addiction.

Earlier, the defendant’s sister was given an identical sentence for admitting to possession of one of these prescriptions.

The judge then apologised to the Inspector.

“I didn’t mean to be offensive but I work at a particular pace,” he said to Inspector Farrell.

“That’s the problem we fell out over this morning.

“I just have a mechanism of working and didn’t mean

 

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