A man who was found to be nearly four times over the legal limit after fleeing the scene of a traffic accident and who poured paint stripper over a motorbike during a family dispute has been sentenced to seven months in jail and disqualifed for six years.
James ‘Elmer’ Kavanagh (37 ) with an address at 4 Rowan Hill, Clybaun Road, appeared before Judge Mary Fahy at Galway District Court last Monday and pleaded guilty to drink driving, driving without a licence or insurance, and hit and run offences at Fr Griffin Road on April 8, 2009. He also pleaded guilty to tresspassing and criminal damage of a BMW motorbike at 2 Rowan Hill on January 22, 2009.
Inspector Ernie White told the court that on April 4, 2009, at 4pm the defendant’s vehicle had been involved in a minor road traffic accident. When Kavanagh left the scene he was followed by the injured party and gardai were called to arrest him. The court then heard that the defendant gave an alcohol reading of 134mg per 100ml of breath.
On January 22, 2009, at 3am a dispute arose between the defendant and his brother-in-law. Kavanagh then went to the shed which housed a BMW motorbike and proceeded to pour a can of paint stripper all over it, causing €4,300 worth of damage.
Defence solicitor Brian Brophy said that his client had been unemployed as he has been medically unfit to work for a number of years and has problems with drink. He added that the defendant had “broke his father’s heart”. The court heard that there were problems with the rest of the family because of his alcohol addiction.
Regarding the hit and run Judge Mary Fahy said that it had happened at 4pm, a time when schoolchildren were being collected from school and could have been put in danger.
Inspector White said that Kavanagh had eight previous convictions including a three-year disqualification in December 2007 for drink driving and a 12-month disqualification in January 2007 for driving without insurance and for hit and run.
Kavanagh was convicted and sentenced to a total of seven months in jail and disqualified from driving for a period of six years. He was also fined €300 payable forthwith.
