Judge says that Clonakilty man misled court and also his partner

A DISTRICT court judge sent a Clonakilty man to prison for seven days to ‘reflect’ on his offending after misleading the court as well as his partner.

Judge James McNulty was dealing with the case of Stephen O’Shea at Clonakilty District Court last week.

Mr O’Shea of Tullineasky, Clonakilty pleaded guilty to a number of charges, including driving without insurance, driving while under an intoxicant, and driving while disqualified. 

He also pleaded guilty to a public order charge where he was observed ‘kissing and winking’ with another woman in front of a garda, who had concerns for their safety after a hospital reported that both attended there with dried blood on themselves.

Sgt Paul Kelly told the court that on Sunday morning at 9.30am on October 31st last, Gda Richard Casey received a report from Clonakilty Hospital that a woman had presented herself there and she had blood stains on her head and face.

‘They later left and Gda Casey stopped them driving in a BMW at Old Chapel Lane. 

‘While speaking to them, he saw the dried blood on her head and face, and the man in the car had dried blood on his arms. Both refused to account for the blood,’ said Sgt Kelly.

‘Mr O’Shea became verbally abusive to Gda Casey and then he and the woman started winking at each other and then started kissing each other in front of him and refused to answer his questions.’

Judge McNulty was told that the woman with the defendant was not his partner, Kelly, and that this woman is outside the jurisdiction.

‘What was he doing with the other woman?’ asked Judge McNulty, who also wondered how she got the injuries to her face and head.

Solicitor Eamonn Fleming said that his client wrote a letter of apology unprompted to Gda Casey afterwards, which he had handed into Clonakilty Garda Station.

Judge McNulty said that gardaí had a public duty to respond to a report of a  woman with blood and were entitled to check it out and he convicted and fined him €1,000 which must be paid by December 20th.

The court also heard that the defendant was stopped at a mandatory intoxicant testing (MIT) checkpoint at Newtown, Rosscarbery on January 29th last at 9.30am. 

Gda Brian Blake requested him to carry out an oral fluid test, which tested positive for cannabis and a blood specimen take later at Clonakilty Garda Station showed he was over the legal limit for cannabis.

Sgt Kelly said Mr O’Shea was disqualified for two years at the time, having received the driving ban at Clonakilty District court on February 18th 2020.

The court heard that he has 11 previous convictions, including assault, public order and road traffic offences.

Mr Fleming said his client had a conviction for drink driving which had expired in January of this year and on the basis of that, he applied for insurance and was granted it.

‘However, he forgot there was still less than two months left on the careless driving charge that he received on February 18th 2020. 

‘He applied for insurance in the honest belief that he was okay, but his disqualification for careless driving only expired on March 4th 2022,’ said Mr Fleming.

However, Judge McNulty said that even if one took a benign view of this, the fact remained Mr O’Shea was driving under the influence of ‘weed’ again.

Mr Fleming said his client’s mother and partner, Kelly, were in court and that he is in full time employment and handed in a letter from his employer.

The court heard that Mr O’Shea and Kelly have a three-month-old boy.

Judge McNulty was surprised when told that Mr O’Shea hasn’t been in prison yet, and said he thinks he should go and spend time there reflecting. 

It was also noted that these offences occurred while he was on a suspended sentence.

A probation report that had been handed into court said he was at ‘moderate risk of re-offending.’

‘It’s a puzzle for me that he has 11 previous convictions and hasn’t been in prison yet,’ said Judge McNulty.

Mr O’Shea said that he is trying to support his family and that he is the only income earner and he is learning from his mistakes.

Judge McNulty queried his ‘weed’ use and was told that he smoked cannabis while out in Clonakilty a month ago, something that his partner was not aware of.

‘I don’t believe you have changed, as you were only smoking weed a month ago and you’re misleading the court and Kelly,’ said Judge McNulty.

Judge McNulty convicted him on the no insurance charge and deferred penalty and remanded him in custody for seven days to appear at Skibbereen District Court earlier this week for sentencing.

On that day, Judge McNulty convicted the accused Stephen O’Shea of drug driving and sentenced him to 60 days, but he suspended the sentence for two years on his own bond of €1,000. 

The judge disqualified the accused from driving for one year on that offence, which is mandatory. 

And he imposed a number of conditions, namely that he keep the peace for two years and that he will cease using or consuming illegal drugs, and will place himself under probation supervision for two years, and comply with all of their directions and requirements with regard to his drug use.

He is also to subject himself to random urinalysis twice in each year.

On the charges of driving while disqualified and driving without insurance, the judge remanded the accused on bail on his own bond of €1,000 to Clonakilty District Court on April 4th 2023.