Man jailed for carrying neck of a broken bottle

Imposing sentence at Galway District Court on Ross McDonagh, Judge Mary Fahy said it was fortuitous that a Garda had searched him and found the weapon.

McDonagh, who has addresses at 127 Ard Alainn, Ballybane, and 4 Oaklands, Athenry, appeared in custody before the court where he pleaded guilty to having a broken bottle, made or adapted to cause serious injury or incapacitate another person at Eyre Square, on September 3 last year.

He pleaded guilty also to breaching the peace in Oranmore village on November 6 last year, to being drunk in public at Prospect Hill on August 14 last and to failing to appear before the court to answer all of the above charges in February.

Garda Valerie Scully was on duty in Eyre Square at 1.45am on September 3 last when she observed a disturbance taking place involving a group of young men.

She noticed McDonagh attempt to leave the area when he saw her.  She stopped and searched him, finding the broken bottle in his pocket. He denied knowing the weapon was in his pocket.

Handing a photograph of the broken bottle into court, Sgt. Georgina Lohan, prosecuting, said Gardai believed the bottle had been adapted to cause serious injury.

Judge Fahy agreed the bottle would cause serious or fatal injuries if it was used.

Sgt Lohan said McDonagh was found by Garda Fergal O’Grady, standing in the middle of the main street in Oranmore, roaring and shouting while stripped to the waist at 3am on November 6 last year.

Garda O’Grady had had a word with McDonagh earlier that night and his father, who was with him at the time, told the Garda he would take him home.

McDonagh was abusive to Garda O’Grady when he went to arrest him during their second encounter that night. He told him he didn’t care about going to prison and he would kill anyone who came near him.

McDonagh was arrested for his own safety at Prospect Hill last August after Garda Declan Murphy found him staggering on a footpath. He was highly intoxicated at the time, the court heard.

Defence solicitor, Colin Lynch, said his client had got into difficulties from a young age after his parents separated and he had left school before sitting his Junior Certificate.

Sgt Lohan confirmed McDonagh had 20 previous convictions, including one for a serious assault, while the rest were for public order offences.

Mr Lynch said McDonagh did very well while in St Patrick’s Institution (which has now been closed) as a youngster and had sat his Junior Certificate there.

He said it was unfortunate that when his client is “out” he gravitates towards drink and drugs and that gets him into trouble.

Mr Lynch said McDonagh had now reached the stage where he wanted to go into a rehabilitation centre to address his addictions.

Judge Fahy said she could tailor his sentence so that he would come under the supervision of the probation service which would help him achieve that goal.

She sentenced him to six months in prison for having the broken bottle in his pocket in Eyre Square.

“That is a serious offence.  It’s very serious to be armed anywhere, but particularly in Eyre Square at that hour when there are large congregations of young people coming out of pubs and clubs.  It was fortuitous the Garda was there to catch this,” Judge Fahy said.

She noted McDonagh was very aggressive towards Garda O’Grady in Oranmore and she imposed a consecutive two-month sentence for that offence which she suspended for twelve months on condition McDonagh be of good behaviour and link in with his probation officer within 48 hours of his release from prison and attend a rehabilitation programme for his alcohol and drug addictions.

The judge fined him €200 for being drunk in public, payable forthwith or five days in prison in default.  A concurrent, one-month sentence was imposed on him for failing to appear before the court in February.  Leave to appeal the sentences was granted.