Fermanagh man escapes on technicality

A Fermanagh man who appeared before Ballyconnell District Court charged with failing to give information to the Gardaí escaped punishment when the charged was struck-out on a technicality. James Gilroy, Trasna Island, Lisnaskea, was charged that on March 17 at Main Street, Ballyconnell, he failed to give appropriate information to a member of the Gardaí. However, the defendant was convicted of using or engaging in threatening behaviour at Main Street, Ballyconnell, on April and was fined €500. A charge of being intoxicated was struck out. Sergeant John Sherlock said at 3.15am he was on foot patrol in Ballyconnell. It was a busy night as people were exiting from nightclubs. He noticed a car at Doon been driven by a young male in his early 20s. Sgt. Sherlock attempted to stop the car as it came up Main Street but he then realised that it was accelerating and he had to jump out of the way otherwise he would have been hit. Garda Doyle was further up the street and he also attempted to stop the car but it made good its escape across the border. Late on April 4, Sgt. Sherlock met with James Gilroy and cautioned him in being the owner of the car. Mr. Gilroy said: "It's my car but it never left the house that night." Sgt. Sherlock informed him that he had to account for his movements on March 17 and failing to do so would be an offence. Sgt. Sherlock told the defendant he would have to inform witness who was driving on the occasion but he refused to do so. Sgt. Sherlock contacted the PSNI as to the registered owner of the vehicle and it belonged to Mr. Gilroy. Cross-examined by Denis McDwyer, solicitor defending, witness said he didn't have any documentation to prove that Mr. Gilroy was the registered owner of the car. Judge Sean MacBride said he had to dismiss the charge but he was doing so on a technicality and nothing more. "I fully accept Sgt. Sherlock's evidence and I have no doubt the defendant knew who was driving the car on the night." In relation to the incident on April 4, Superintendent Brian Brunton said gardaí were on duty when heard a commotion at Lee's nightclub. The defendant was outside trying to gain admission. He as being refused and he became agitated. The defendant then punched the door and when the gardai approached he made a number attempts to get away and had to be restrained. Mr. McDwyer said his client had come out of the nightclub to have a smoke and when he tried to get back in he was stopped. There were other people there being unruly and everyone was stopped from getting back in.Judge MacBride told the defendant but for the fact he had no previous convictions he would be sending him away for three months. "You took the law into your own hands and refused to leave the area peacefully when asked." The defendant had no respect for law and order or the Gardaí. If someone got in his way he would deal with it himself. "If you ever come before me again your are going to prison."