Two men appeared before Ballina District Court this week after they were in possession of a knife and a hoe in the early hours of the morning in the vicinity of a residential estate. Another man, who is related to the men, also faced charges after he tried to prevent their arrest.
On July 5 2008, after 2am, Sergeant James Murphy responded to a call which claimed that a person was in the St Patrick’s Housing Estate, Ballina, outside a premises with a knife. At Barney’s Bodreen, near the estate, Sgt Murphy identified Daniel Moran, 36 Tyrawley Terrace, with a knife in his possession and also saw the defendant’s uncle, Brian Moran, 11 Tom Clarke Place, carrying a hoe.
Sgt Murphy radioed for assistance before he approached Brian Moran. On doing so, Daniel Moran exposed the knife he was carrying to the garda and both defendants ran. Sgt Murphy grabbed Brian Moran and had one of Moran’s hands in handcuffs, when the defendant’s brother, Darren Moran, 102 St Patrick’s Estate, appeared. The sergeant claimed that Darren Moran was drunk and attempted to take the prisoner from him. Darren Moran was directed to leave the area, however he failed to do so and he was struck with the baton before he complied. Brian Moran was then arrested. Sgt Murphy, who had Brian Moran in the back of the Garda van, was driving out of the estate when he observed Darren Moran sitting on the bonnet of the other Garda car. Darren Moran was directed to leave, however he failed to do so and was restrained and arrested.
Meanwhile, Daniel Moran jumped over a wall and dropped the knife which he was holding. Two gardaí arrested Daniel Moran and the knife was recovered. All three men were brought to Ballina Garda Station. At the station Brian Moran was roaring and shouting and Sgt Murphy had to hold him to prevent him “from assaulting me or another”.
Defending solicitor for Daniel and Brian Moran, Denis Molloy, said that both men were carrying the items as they were responding to a call they received from Darren Moran’s partner Jennifer Maloney, who claimed that there was someone outside her house. Both men were in the process of checking out the situation when they were arrested by gardaí. Sgt Murphy said that he was not aware of this at the time, but at 2.30am when he saw two men who had drink on them carrying a knife and a hoe, he reacted in the best way in which he could.
Jennifer Maloney said that she called gardaí that night about a man outside her home and also called Brian Moran, who was staying at the house of his nephew Daniel. Ms Maloney said that the gardaí didn’t give her a chance to explain that they had arrested the wrong men.
Brian Moran told the court that after receiving the call he grabbed what he thought was a handle and proceeded to his brother’s house before he was arrested. Brian Moran said that he told the gardaí why he was carrying the item but they didn’t “take too much heed of me”.
Daniel Moran said that he did not intend to use the knife but just wanted to scare whoever was outside the house. Daniel Moran said that he found the knife in a laneway on the way to the house, a knife which he thought may have been used for coal, however when Judge Devins examined the knife she said he was telling her a “great wee story”.
Michael Bohan, who represented Darren Moran, said that the defendant was asleep downstairs when his partner called the gardaí and his brother and the defendant only got involved in the altercation after he woke up and saw gardaí trying to arrest members of his family. Sgt Murphy said that Darren Moran was co-operative in the Garda station and was also apologetic the next day. Darren Moran said that he was not drunk that night but was on medication and that he was arrested after he was struck by the baton (and did not sit on the Garda car’s bonnet ) and claimed that he was struck with it a number of times.
Judge Devins said that she accepted that the men charged down the street in response to a phone call but as to why they had the weapons she said that she would never know. The judge dismissed public order charges which were brought against Brian and Daniel Moran. Judge Devins also applied the Probation Act in relation to the men having the knife and hoe in their possession. Darren Moran, who has 30 previous convictions, was convicted and fined €200 for a public order charge.
Car damaged outside Supermacs
Darren Moran also pleaded guilty to a Section Two criminal damage charge which occurred on the night of February 17 2008, after he caused damage the car of Aubrey Gilmartin, outside Supermac’s in Ballina.
Mr Gilmartin informed gardaí that the defendant damaged the front of his car and front wing mirror after Mr Gilmartin went to collect a girl from outside the takeaway. There had been an altercation with the girl, Moran, and other parties inside Supermacs which led to the damage to the car. The court heard that after the incident the defendant approached Mr Gilmartin and offered to buy the car from him.
Defending solicitor Michael Bohan said that his client had €450 in court by way of compensation and will gather another €550. Judge Devins convicted and fined Moran €200.
Empty beer keg thrown at bar window
On January 29 2008, Brian Moran was removed from the Sin Bin bar in Ballina following an incident where he was intoxicated.
Outside the premises the defendant grabbed an empty beer keg and threw it at the bar window, which shattered, causing €696.71 worth of damage. Defending solicitor Denis Molloy said that Moran had €100 in court and would pay the remainder of the balance weekly. For damage to the bar window the defendant was convicted and fined €500 and ordered to pay €500 in compensation.
