Nine months for tresspass and cheek

A “cheeky” Ballybane man with 91 previous convictions was sentenced to nine months at Galway District Court this week for trespass and public order offences including one occasion when he jumped out in front of plain-clothed gardai shouting obscenities.

Frankie McDonagh (23 ) with an address at 19 Sliabh Rua, Ballybane, was brought before Judge Mary Fahy on Monday charged with two counts of trespass and two counts of threatening and abusive behaviour.

The court heard that on March 11, 2012, the defendant had been arrested for trespassing at a house in Fr Griffin Road. Later on, at 3.30am on March 12, McDonagh had been released from custody, however, within an hour a garda on duty in Eyre Square observed the defendant punching a man in an unprovoked attack.

On February 11, 2012 gardai received a report at 11.30pm of trespassing in an abandoned house in St Patricks Avenue. They arrived at the scene to find the defendant and a woman had gained entry through a window and were subsequently found upstairs in the house. At 10pm on February 23, 2012 Garda officers in civilian clothing had been walking down Bridge Street when the defendant jumped in front of them and shouted foul language.

In relation to the March 12 offence, defence solicitor Alma Whelan explained that it was her client who had been set upon. Regarding February 23, Ms Whelan said that McDonagh accepts he was being “cheeky and it got out of hand”. The court also heard that the two premises where McDonagh had been found trespassing were derelict, to which Judge Fahy replied: “That doesn’t give anyone the right to go into any property.”

Ms Whelan then further explained that McDonagh has serious alcohol issues and that he had started drinking at just 11 or 12 years old. “He apologises for his behaviour,” said Ms Whelan.

Inspector Ernie Whyte then told Judge Fahy that McDonagh has 91 previous convictions.

“And this is the man who was out shouting and roaring at gardai and saying it was only a bit of banter,” said Judge Fahy in disbelief.

McDonagh was then convicted and sentenced to a total of nine months in jail. Leave to appeal was also granted.

 

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