ALL THINGS PATRICIA MCCAFFERTY

VICIOUS ASSAULT "HE LOOKS LIKE RAG DOLL LYING ON THE STREET"    JUDGE KEVIN KILRANE ORDERS ATTACKER PAY €40,000 OR FACE 6MONTHS IN JAIL

22nd September 2020

Vicious punching in head left innocent man lying on street of Carrick on Shannon after being assaulted by Kilkenny man on the 28th April 2018.

Mark Stanley (32) from Glashare, Johnstown, Co Kilkenny has been ordered to pay €40,000 or get sentenced to 6months in jail for punching a man 6 times on the head after a stag party.
Judge Kevin Kilrane heard from Mr Stanley that a incident happened in a take away and spilled onto the street, Mr Stanley said he was allegedly hit by a man who ran off into a crowd, Mr Stanley chased after the male but instead lashed out at another innocent man.

Garda Eimear Cox had carried out an investigation after the assault was reported, Mr Stanley was identified & agreed to make a statement after he was showed the CCTV, Mr Stanley said "a lad let run at us & I let fly at the man, I hit him 5 or 6 times in the head, there is nothing I can say, it was me I hit him. He looks like a rag doll lying on the street".

Garda Cox read out the Victim Impact Statement from the injured party who did not wish to attend Court. "The memory I have of 28th April 2018 in Carrick on Shannon,  Co. Leitrim will stay with me forever, it was my first time in Carrick on Shannon & remember the buzz of excitement in the town on our arrival, I was accompanied by a group of friends & the mood was jovial. As we set about celebrating the upcoming wedding of one if our close friends, little did I know the nightmare that was to unfold. I recall the early part of the evening exchanging banter with my friends & the hospitality & atmosphere of Carrick on Shannon. My last clear memory before being attacked is standing beside 2 lads getting aggressive with one another. I was surprised as it seem to happen so suddenly. My next memory was waking up in hospital with a friend stayed by my side. I had no idea where I was & what circumstances put me there. Naturally waking up in such an environment unexpectedly, I panicked & searched for my phone to ring my mother. After a frantic & complete search, I was comforted by a friend & what felt like the first time that my mother was in fact deceased. I collapsed & broke down, fortunately a good friend was at my bedside, but it is incidences such as these that I continue to have to this day. I have what I can only describe as black spots in my memory where I am unable to recollect occassions & events from months & years before my attack." 

Judge Kevin Kilrane said " the facts of the case put this victim at a very high end of the Section 3 assault for the District Court, the punishment for which is 12 months imprisonment."Judge Kilrane allowed mitigation that 
1. Defendant pleaded guilty bearing in mind he saw the CCTV (-3months)
2.Defendant was under some misapprehension as to victim, as he said it was the wrong person, that was caused by no doubt by the amount of alcohol he consumed, but nonetheless he had intended to hit someone & it happened to be the victim, but not alone hit them but pulverise them with his fist, 5 to 6 times & even at that he wasn't finished, his brother had to pull him off the other man & it's lucky he is not before another Court on much more serious charge. (-3 months)Judge Kilrane said that left defendant with 6 months jail.

Mr. Stanley had brought €8,000 to Court, but Judge Kilrane noted an aggravating factor that the defendant has a previous conviction for Section 6 for threatening, abusive & intimidating behaviour in 2012 in Thurles. Judge Kilrane said the defendant would need 5 times that amount totalling €40,000 & remanded Mr. Stanley on bail till 5th October for sentencing.

USE YOUR BRAIN NOT YOUR FISTS

23rd September 2020

As the pubs open again please have a look at video by Loch Bó Films that could save your life. "People do not go out to Kill anyone but using your fists" you can cause a death.

UPDATE :VICIOUS ASSAULT CASE

25th September 2020

DPP V Mark Stanley Update: on the 25th September at Carrick on Shannon District Court Mr. Burke made application to relist case as Mr. Stanley & his wife would be celebrating their wedding anniversary on 5th October & that Mr. Stanley had accumulated full compensation & had bank draft for €40k in Court. Judge Kevin Kilrane allowed application. Mr. Stanley & his wife was brought into Court. Mr. Burke asked that as Community Service had not been considered that Court consider dealing with matter under Probation Offenders Act & noted the shame & notoriety Mr. Stanley would suffer of this assault case.Judge Kevin Kilrane said that Carrick on Shannon is a "touristic & welcoming town but acquired unfortunate reputation for public order offences & serious assaults including a string of very serious assaults arising from stag parties, one particular person receiving serious brain damage who is currently receiving rehabilitation after one punch assault." "These young men are very strong & physically strong & deliver of a blow from them to an unsuspecting victim can cause serious injury, serious head injury & worse, it can result in a fatality." Judge Kilrane also referred to the late Andrew Dolan case "an unfortunate victim from this town, but it did not happen in Carrick on Shannon received a single blow from a young man resulting in the death of that young man, a medical student." Judge said the "message has to sent out that this type of behaviour is not going to be tolerated" Judge Kevin Kilrane said he will deal with matter under Probation Offenders Act because, 1. "I believe the defendant is not a danger to others.2. I believe the defendant has gone through quite an amount of distress caused by the case & acknowledgement of the victims injuries.3. Having paid substantial sum of compensation which not alone indicates his genuine remorse but it's a meaningful expression of remorse. It is also a method to ensure any defendants who engages in this type of behaviour in the future will suffer a significant financial penalty. I believe Justice of the situation is met, Probation Offenders Act Section 1:1."

ANIMAL CRUELTY CASES BEING DELAYED JUSTICE 

5th October 2020

35yr old Trevor Mahon, Tullyhorky, Ballyshannon, Co. Donegal pleaded guilty to charges under Animal Health & Welfare Acts 2013 at Ballyshannon District Court on 2nd October 2020. Kevin McGinley Senior Inspector at ISPCA told Judge Kevin Kilrane that the ISPCA became aware of the case through Garda Niall Barnicle from Ballyshannon Garda Station & he became involved in the case on 4th March 2019. Prior to this the animals were voluntarily removed from Mr Mahon's property on the 1st February 2019 into the care of Donegal Animal Rehabilitation Centre (ARC). Judge Kilrane asked what state the animals were in. Inspector McGinley said the dog a boxer named Rosco weighed 20.4kg when removed & spent 20weeks in ISPCA care & gained almost 10kg. The Cat named Mindy weighed 2kg & was also underweight. Garda Inspector Denis Joyce (Prosecutor) asked "on a scale of 1 to 10, 10 being very serious, how serious was this?"  ISPCA Inspector McGinley said "any cruelty to animals is quite severe in any of these cases."  

Solicitor for defendant Mrs. Florence Hutchinson Travers told the Court the man's marriage had broken up, Mr. Mahon stayed at the family home they originally had just the cat, Mr. Mahon adopted the boxer dog from a shelter in Burtonport, as time moved on Mr. Mahon met someone else & moved out of the home in Ballyshannon & due to difficulties was unable to bring dog with him. Mr. Mahon visited the house & let the cat & dog out & put down food. His solicitor said " He believes the dog stopped eating because he missed the company in the house." It was alleged Mr. Mahon contacted the shelter he bought the dog from to take it back & they ere not in a position to. Mr. Mahon voluntarily surrendered the animals & admitted he did not clean up the house of faeces & urine & that the animals were malnourished. The solicitor went on to say Mr. Mahon was "terribly apologetic & sorry" "he comes across as a gentle man & it has caused him great distress."

Judge Kevin Kilrane acknowledged that the relationship split up may have had an effect on Mr. Mahon & when he started a new relationship he left the house at Tullyhorky. The Judge described house as a "TOILET FOR DOGS & most outrageous state of filth & how anyone could have entered the house with the stench". Judge Kevin Kilrane did not accept the reason from Mr. Mahon as to why the dog being so malnourished, "it's the first time I have heard of a dog not eating while they are hungry, unless they are physically sick, this dog has his ribs protruding." The Judge held up a photo from the ISPCA showing the boxer dog with ribs clearly visible & extremely emaciated  & food provided by ISPCA & dog "eating it greedily". The Judge said it was more difficult to see how emaciated the cat was due to "their furry nature". Judge Kilrane noted Mr. Mahon "co-operated, he delivered the animals to the society & pleaded guilty, has come to Court & it is an embarrassing situation to be aired in Court, he has no previous convictions & may have suffered from some depression after the relationship breakdown, I do not know." Judge Kevin Kilrane asked how soon could Mr. Mahon pay the ISPCA costs. The solicitor said about 2 weeks. Judge Kilrane asked if Mr Mahon intends keeping any other animals. Mr. Mahons solicitor said "I don't believe so Judge."Judge Kilrane stated if defendant pays full ISPCA costs €832.85 & makes a voluntary contribution of €300 to the Society by 6th November 2020, the Probation Offenders Act Section 1:1 will be applied.

The ISPCA issued statement on the 4th October 2020 "sadly these cases are not rare, ISPCA inspectors continue to work on the frontline tackling animal cruelty & coming to the aid of cruelty treated, neglected & abused animals in need. Many of the animals we have seized have been in our care for over a year, while we wait for cases to be heard in Court. We are experiencing further delays in the Judicial System due to Covid 19 WHICH PUTS EXTRA PRESSURE ON OUR RESOURCES."National Animal Cruelty Helpline 1890 515 515.

JUDGE GEARTY DECISION TO BE INVESTIGATED BY VICTIM OF ASSAULT

5th October 2020

DPP (Sgt Mooney) v Stephen Flynn, Mr. Flynn (59) 14 Knocklongford, Mohill, Co. Leitrim was to pay compensation of €4,050 to victim of a one punch assault on Mr Padraig McLoughlin, & a Probation Report was to be submitted to Court. The case was listed for mention on the 5th August 2020 in Donegal Town in front of Judge Deirdre Gearty, who noted a Probation Report was on file, Mr Flynn attended Court in Donegal Town & made a number of defamatory remarks about his solicitor, who was not present which Judge Gearty allowed & Mr. Flynn went on to make an application to change his plea, even thought the prosecuting Garda or victim were NOT present, Judge Gearty allowed this also & referred the case back to Carrick on shannon District Court for another Judge to be assigned. 
On the 7th September 2020 when the case was called Sgt. Gallagher informed Judge Kevin Kilrane that the victim wished to address the Court. Mr. McLoughlin said "I was a victim of a one punch assault in Mohill & I think as a victim the way I have been treated is unreal, I nor Sgt Mooney who did a lot of work on this case were not informed about the hearing in Donegal. I heard Mr Flynn was bragging he got the case overturned which I heard from a good friend. I am looking to bring this case to the High Court, where I hope that if there is Justice at all in the Country. This has brought it all back to me & it's not good for my health, i have my daughter with me today & my family are so upset with what this man put us through."


On the 5th October the case was for mention & the victim was legally represented by John Gerard Cullen & requested copies of the DARR recordings. Mr. McLoughlin said "I'm perusing this someone has to answer as to how this can happen & its hard to have FAITH IN THE JUSTICE SYSTEM if this can happen to the likes of me as it was a very serious case." Mr Flynn was present but declined to address the Court. Judge Kilrane who excused himself from the case from the start, agreed to applications for DARR recordings & said all he could do was to indicate the urgency for the Registrar to contact the President of the District Court to set another Judge to hear the case. The matter is adjourned to 2nd November 2020.

Timeline of events DPP V Stephen Flynn 
31st May 2018 - verbal abuse by defendant on victim
21st July 2018 - one punch assault by defendant on victim who went unconscious & brought from Mohill to Sligo University Hospital by ambulance.
26th March 2019 - Judge Gearty accepts Jurisdiction of case
9th December 2019 - Defendant in Court pleads guilty & apologised through his solicitor.
6th April 2020 - Compensation to be paid €4,050 to victim & Probation Report to access defendant suitability for Community Service - adjourned due to Covid19.
28th July 2020 - Court to see what date Judge Gearty can hear case, put to 5th August 2020 for mention for Judge Gearty to set Special sitting in Carrick on Shannon.
5th Aug 2020 - Donegal Town Judge Gearty hears compensation has not been paid & Probation Report is on file, defendant told Judge Gearty he didn't know his solicitor pleaded guilty & made comments about his solicitor & Sgt Mooney who were not present. Judge Gearty changed his plea to NOT GUILTY & referred case back to Carrick on shannon District Court for another Judge & asked Registrar to remove Probation Report from file.
7th September 2020 - Carrick on Shannon District Court the victim addressed Court at his shock to hear defendant changed plea at Court that neither he nor Sgt Mooney were aware of. Victim was told by friends that defendant was bragging he got Case overturned. Victim explained how it has traumatized him all over again, Judge Kilrane expressed amazement that Case is to re-litigated in full. Victim said he will take case to High Court as defendant had pleaded Guilty 2 weeks prior to December & that as a result of that plea witnesses were not needed for Hearing date in December 2019. Judge Kevin Kilrane said he had to follow procedure & until High Court intervenes he has to adjourn case to be reheard in front of another Judge.
5th October 2020 - victims solicitor addressed Carrick on Shannon District Court seeking DARR recordings & put questions to Judge Kilrane. Former solicitor for defendant also sought DARR recording from Donegal Town as to certain things may have been said in solicitors absence. Judge Kilrane granted DARR recordings applications & expressed urgency to Registrar to contact President of the District Court to set another Judge to hear Case. Adjourned to 2nd November 2020.

ONE MONTH JAIL FOR YOUNG MUM THAT USED STILLETO AS WEAPON IN UNPROVOKED ASSAULT

6th November 2020

Inspector Denis Joyce told Donegal District Court on Wed 4th Nov 2020, that Donegal town woman, Natasha McDonagh & her friend were in Apache Pizza after night out in Donegal Town 28th August 2019, 2 other ladies sat on 2 vacant seats beside Ms.McDonagh. Ms McDonagh told the ladies the seats belonged to their partners. When the victims got up to collect their food, Ms McDonagh took off her Stiletto & viciously assaulted one of the victims, Inspector Joyce showed Ms. McDonagh a photo of the injury to the victims head. Ms. McDonagh had her head down when the Inspector told Judge Kevin Kilrane how Ms McDonagh took off her stiletto gave one to her friend & used her one to hit the victim numerous times accross the head. The victim did not want to attend Court & had not sought medical treatment.
Judge Kilrane asked Ms. McDonagh why she launched such a vicious & unprovoked attack on 2 ladies. Ms McDonagh said "I'm very very sorry, I'm really ashamed of myself, I will never do it again. I feel very sorry for the girl." Ms. McDonagh's solicitor James Hayes told Judge Kilrane how "when questioned by Gardai, she did not have any recollection of the incident as she had too much to drink, but after seeing the CCTV she was ashamed & embarrassed by this & told them "i feel so sorry for that girl", she acknowledges its unacceptable behaviour & feels genuinely remorseful & has written a short note & it has quite an impact on her." Mr. Hayes also said the defendant had brought a undisclosed sum of cash to Court.
After reading the note Judge Kevin Kilrane said "this type of assault of such a nasty character that it requires a prison sentence, a fit of uncontrolled anger all because she objected to a lady sitting close to her. She used a WEAPON in the process is an aggravating factor and would normally be a 6 months sentence. The mitigating factors is 1.claims to be intoxicated 2.she pleaded guilty 3. No previous convictions 4. Lengthy prison sentence would effect family life. Instead of 6months, one month prison for Section 3 assault." Recognizances were fixed own bond of €300. Before the end of Court her solicitor lodged an appeal.

BENCH WARRANT FOR 28YR OLD DERRY MAN WHO CAUSED €730 DAMAGE TO CAR IN BUNDORAN

6th November 2020

Judge Kevin Kilrane issued Bench warrant with no endorsement for Derry man Paul McGuinness, 5 Church Street, Portstewart, Derry who was in breach of bail bond & failed to attend Ballyshannon District Court 6th November 2020.
Inspector Denis Joyce told the Court that on 31st July 2020 approx 11:20pm at West End Bundoran, 3 males walking down street when one lifted chair & smashed it against back window shattering it & damaging the roof of car, causing €730 criminal damage to the car belonging to take-away owner. The owner got a member of staff to follow the men up town. The Takeaway owner flagged down a Garda car, the Garda inspected the damage. The owner rang his employee who said the men were at Apache Pizza on Main Street, Bundoran, he told Garda he knew where man had went, Garda & owner went to Main Street Bundoran where the owner identified the man who caused damage. The Garda said the man was charged with criminal damage Section 2(1) Criminal Damage Act 1991 & Mr. McGuinness had made no reply. 

4 MONTHS JAIL FOR YOUTH BRANDISHING LARGE STICK AT 87YEAR OLD MANS HOME

11 November 2020

On 24th April 2017 when the defendant was 17yrs he conned his way into an elderly man home in Leitrim asking for a drink of water, he searched the kitchen drawers & stole €40, the following day the youth returned to the house brandishing a large stick, the 87yr old stood his ground & demanded the youth to leave. Sgt Gallagher informed the Court the defendant had served some time in Northern Ireland jail for burglary & theft including a 3month sentence for obstructing a Police Officer. The defendant told Judge Kilrane that he served a total of 2years up North. That from 16 he got a problem with drugs. Defence solicitor Gerry McGovern told Judge Kilrane that "you were trying to steer him on the right track & didn't take the advice, that if he didn't put his life in order he would end up in prison. Those words have come to pass." The defendant got detox in Mountjoy & is clean now.

On hearing the evidence Judge Kevin Kilrane at Manorhamilton District Court described it as a "nasty case" the defendant said it was only €40. To which Judge Kilrane said it was the fact " you entered the property with a large stick" Judge Kilrane imposed a 4 month prison sentence that begins from 1st February 2021.

A list of further changes were admitted by the defendant.  Sgt Gallagher read out that in January 2018 the defendant made a communication to annoy, by ringing the emergency services saying a person was jumping from the Glasshouse Hotel, Sligo. Gardai & ambulance attended but no persons were observed. Judge Kilrane asked the defendant why he rang emergency services. The defendant said he was on drugs at the time & couldn't remember. Judge Kilrane sentenced him to 3 months concurrent. 
Sgt Gallagher continued the charges that on 27th November 2016 the defendant smashed the back window & door attempted to gain access to the property, but was disturbed by the owners. Judge Kilrane convicted him to 4mths concurrent.
Sgt Gallagher read out that on 20th December 2018 around 7pm in Carrick on Shannon a Garda noticed the defendant threw items in a ditch. The items were from Sports Direct in town & the defendant did not have a receipt of the goods. The clothes were valued €412. Judge Kilrane sentenced him to 4mths concurrent.
A number of other offences admitted - convicted & taking into consideration - theft of pedal cycles, using a foiled lined bag in theft of gloves, section 4 intoxicating in public place, theft of a PlayStation controller from an unlocked house 

The male who is now 19 pleaded guilty to list of charges dating back to when he was 16 to 18. The male is currently in jail receiving a sentence from the CCJ No.1 on 12 October 2020 for threatening, abusive or insulting language received 2 months & 3 months for obstructing a Garda.

Defence solicitor Gerry McGovern told Judge Kilrane that the defendant wanted to put all this behind him and hoped to start a courses when all this is over & thanked the Judge for giving the defendant a chance.

JUDGE PAUL KELLY ORDERS WOMANS PRISON DÓCHAS CENTRE TO GIVE LADY HER MEDICATION

17th December 2020

At Letterkenny District Court 17th December, Elizabeth Crumlish (44) from Ballybofey, Co. Donegal appeared by video link from Dóchas womens prison in Dublin, she was clearly pale & in distress. Judge Paul Kelly asked Mrs Crumlish how she was doing, she replied "I'm not doing well" she went on to say she was put on medication after a serious car collision a number of years ago & has been on the medication since, however the Womans prison was refusing to give her that medication. Her solicitor Rory O'Brien confirmed to the Court that was the situation. The case continued where Mrs. Crumlish was accused of theft from McElhinney Store in Ballybofey on 24th April 2019 around 4pm of cosmetics to the total value of €1,367 she was identified on CCTV, in the same shop on 15th August 2019 a store Manager kept an eye on her removing 2 pairs of socks at €10 each. On the 21st January 2020 at 1:10pm a Garda spotted Mrs Crumlish driving while disqualified, she was arrested & charged. The Court heard she had 168 previous convictions & the offence on the 15th August was commited when she was on bail, Judge Paul Kelly sentenced her to 2 months on each charge to run consecutively & disqualified her for 5 yrs. On finishing Judge Kelly said he was ordering the prison to provide the medication that has been medically prescribed to Ms. Crumlish.

SATANIC PAEDOPHILE RING EXPOSED DAVID KELLY BUNDORAN GETS 5YRS FOR CHILD ABUSE MATERIAL.  JUDGE AYLMER'S JUDGEMENT 

18th December 2020

DPP v David Kelly, 18 Magheracar Cottages, Bundoran  - 18th December 2020 - Judge John Aylmer Donegal Circuit Court sitting in Letterkenny CourthouseDLDP0055/2019
"This accused comes before the court . Having pleaded guilty to 2 counts of possession of child pornography On the 11th of April 2016 and between the 11th November 2015 and 11th of April 2016 and also on 2 counts of distribution Of child pornography Under section 5 of the Act On 10th  November 2015 On the 15th of November 2015. The possession relates to a images and movies of varying levels of depravity but much of the material Is at the 2nd most serious level or level 4 I'm identifying in the case of  DPP v Loving, with one movie noted as being on the highest level of seriousness of level 5 Depicting sadism And involving Tying up children and urinating on them. The 2nd count of possession relates to The text conversation on Skype Advocating encouraging & counselling Sexual activity with a child The latter count of possession is the more serious one. The aggravating features of it being the  accused  his involvement in the creation of the pornography & that element of it immediately advocating , encouraging & counselling  sexual activity with a known & specific child. As such I place this on the higher end of  the scale of such offending & meriting before consideration to mitigating circumstances meriting a sentence of the maximum of 5 years imprisonment. The other count of possession maybe considered to be in somewhat lower, only because of the relatively low number of images involved, compared to other cases that come before the Court & therefore I place it in the mid range of such offending & meriting a sentence 3.5 years imprisonment. Again before I consider mitigating circumstances, & accessing the seriousness of these offences I note, while not a distribution charge, I note there is an element of distribution arising in relating to the possession which has been established, an aggravating feature. The distribution charges relate to the same type of material & sharing of the material with named individuals, the 2nd count being the more serious insofar as it relates to 15 movies & sharing on numerous occasions with an identified individual who's stepdaughter was a known victim or potential victim of offending. These offences I place in the mid range of such offending & distribution & meriting a sentence of 7 years imprisonment before taking into consideration mitigating factors. While it’s easy to contemplate far more serious cases of intense illuminous commercial distribution of child pornography, in this case the proximity of the accused to victims or potential victims is the single most aggravating feature……. & it’s that feature that elevates the case to distribution to the mid range of possession offences. The mitigating circumstances arising, the almost immediate & full co-operation of the accused with the investigation after what I accept was the initial panic at the early stages of the execution of the warrant. The Garda gave evidence in relation to this putting his computer under the bath at the early stage, shortly after that at the early stage of the search, he became completely cooperative & that has remained his position since. Approximately one month subsequent to the detection he approached the Gardai again to assist in identifying a child at risk & that approach & that further information accelerated the success of the Garda investigation in relation to that victim & potential victim, all be it I note the material recovered by the Gardai in the course of the execution of the search warrant would have been sufficient in detection & ultimately but it’s certainly the case …& accepted by the Gardai a step taken by the accused in coming to them is certainly of significance assistance to them in protecting that child victim & also in the prosecution of another individual for similar type of offending.While the distribution might be considered to be commercial there was no evidence of money changing hands, it was not for financial gain. The accused comes before the Court without previous or subsequent convictions, he entered a Plea a Plea of guilty at a  very early opportunity . He availed of the services of an expert Counselling Doctor, a name who was given to him by the Gardai at the execution of the search warrant & he did that immediately & has ever since been activity engaging in Counselling & his rehabilitation. I accept he is deeply remorseful & ashamed of his offending. I accept apart from this abhorration of his character of this offending, he has been a hard working man throughout his life. Clearly his future employment prospects greatly detailed or limited & he will suffer very significant social isolation as a consequence of his offending notwithstanding his very genuine efforts at rehabilitation I note that he is engaged in I think 36 Counselling sessions with Doctor Stack since April 2016 approximately 12 per year. I note his wholesome engagement with the Probation Services & that during the Probation Services in engaged in a number of courses on recent times since he lost his employment, and in computing as well & horticulture. I also note that the Probation Service deem him to be & importantly deem him to be a low risk of reoffending as a consequence of his efforts of rehabilitation So having regard to these mitigating features I will reduce the Sentence on the charges of distribution from one of 7 years to 6 years imprisonment.I will reduce the Sentence on the more serious charge of possession subject of Count No. 3 to 4 years imprisonment.And sentence on Count 1. to 2.5years imprisonmentNow to encourage the accused in his further rehabilitation & in recognition of his efforts in that regard to date, I will suspend the final 12 months of that 6 years sentence on the accused entering a bond of €100 to keep the Peace & good behaviour for a period of 2 years subsequent to his release and on further  condition That during that time he remains under the supervision of the Probation Services, comply with the direction of the Probation Service in relation to attendance of treatment, counselling or courses directed that includes rehabilitation, he attend all appointments with the Probation office & keep the Probation Service informed of his address, contact details & employment & he abides by the requirements of the Sex Offenders Act, that is something requested by the Probation Services as well. He would be required in any event Sex Offenders Act. He is automatically on the Sex Offenders Registrar. This is a case I think post release a supervision order of 10years, under Section 29, I think 5 is the standard under the section. The sentence is always concurrent unless I say otherwise."

JUDGE CRITICAL OF CROÍ CHARITY ALLOWING "SCAMMERS" TO COLLECT.

December 2020

Croí Charity came under fire from Judge Kevin Kilrane noted their vetting system must be appalling to allow "scammers" like John Ward (31) father of 4 of Castlerea, Co. Roscommon to collect using a labeled bucket & letter from the charity to collect but did not have a permit when questioned by Gardai 24th March 2018 at Grattan Street, Sligo. €190 coins were in the Charity labelled bucket which was seized. Mr. Ward's solicitor Mr. Tom McSharry told the Court Mr. Ward had a relation with a heart condition & the Charity meant a lot to him. On 11th Dec 2020 Mr Ward made a €500 donation to the charity & €200 extra in Court. 
Judge Kilrane queried why no contribution was made until a few days before Court & that man has "spotted lacuna in the law & exploited it" Judge Kilrane adjourned the case till 4th February for defendant to have €500 in Court which will go to Children's Hospital in Crumlin.

INSPECTOR DAVID DURKIN WELCOMED BACK TO BALLYSHANNON GARDA DISTRICT

15th January 2021

At Ballyshannon District Court Friday 15th January 2021 Solicitor Mr. Gerry McGovern on behalf of the Legal profession in Donegal welcomed Inspector David Durkin back to the area, "he has worked here in various capacities Judge... & he comes with a wealth of experience" also noting "he was quite a famous footballer & played for his County"
Judge Kevin Kilrane welcomed Inspector David Durkin to the Court at his "elevated role as Inspector" also complimenting the previous & recently retired Inspector Denis Joyce. "I have meet you on numerous occasions in your role as Garda & Sgt & you have been a balanced & fair man." Judge Kilrane noted that Ballyshannon is "a very united Station,..where Garda are working harmoniously & its a very important feature of policing" Judge Kilrane also spoke about importance of Senior Garda staying in area they serve; "I think that it is important for an Inspector or Superintendent to build up a rapport with the community,..& to hear what the community has to say" "the condition here is the door of the Superintendent or Inspector is always open & one can come in total privacy to say what they want to say & that is normally achieved when Senior Officers is in place in the Community for a peroid of time, so for that reason I hope you stay with us..& I wish you well"
46yr old Sligo native, Inspector Durkin thanked the Judge & Mr. McGovern for their kind words. "I had to work hard to get back to Ballyshannon, due the Inspector Joyce retirement the position arose" "I will have an open door policy in respect of all aspects of Court & look forward to ensuring the smooth running of the Court".
Inspector Durkin previous served in Letterkenny & Donegal Town & Ballyshannon and was highly complemented by Justice Peter Charleton in the Disclosures Tribunal.