Carrick-on-Shannon District Courthouse
“I observed the defendant giving evidence, he is a particularly hardened type of man for his years and I believe he needs to be taught a lesson,” said Judge Kevin P Kilrane after sentencing Gary Glynn, Derreenavoggy, Arigna to five months in prison at last week’s sitting of Carrick-on-Shannon District Court.
In evidence, Gda Declan Conway said he was on mobile patrol in a marked patrol car on November 6, 2016 with Gda James Quigley and turned left on R280 at McCrann’s Pub, Mount Allen, Arigna.
While driving towards Keadue a jeep passed in the opposite direction travelling towards the t-junction that would go left to Manorhamilton or right to Drumshanbo.
Gda Conway said, “The jeep immediately pulled in right after us. We followed straight away.”
Continuing his evidence Gda Conway said he observed the occupants fleeing from the Toyota Landcruiser.
The keys were left in the ignition and the engine was running. A few minutes later a male came round from the gable end of McCrann's building and he gave his name as Shane Gillespie who said he got to the scene by taxi.
Gda Conway said he entered McCrann’s which was closed to the public at the time. “Mr Gillespie said he was waiting for the pub to open,” the Garda said.
Upon viewing CCTVfootage Gda Conway felt the passenger who was seen emerging from the jeep matched the description of Mr Gillespie.
Upon further examination of the vehicle it was discovered there was no tax displayed and as a result the vehicle was seized, impounded and taken to Carrick-on-Shannon.
A check was done on the registration of the vehicle and the registered owner came back as Gary Glynn.
Further enquiries were carried out and the defendant was contacted and he said he couldn’t account for his actions at 6.25pm on the day in question.
Mr Glynn attended Carrick-on-Shannon Garda Station on November 15, 2016 for the purpose of a cautioned interview and it was explained to him he was not under arrest.
During the interview, which was conducted in a question and answer format, the transcript of which was read in court, Mr Glynn was asked if he had insurance for the jeep to which he replied, “No.”
When asked if he ever had insurance for the jeep he answered, “I’ve enough of these questions got.”
During the interview Mr Glynn was asked if he has a driving licence and if he is disqualified from driving and he replied, “No comment,” to both questions.
Continuing his evidence Gda Conway said, “I had never met Gary Glynn before. My first reaction was how similar what he was wearing was to what he was wearing on the day in question.
Insp Denis Harrington added, “While he (Mr Glynn) was free to leave (the interview) at any time he, as the owner of the vehicle, was obliged to tell you who was driving.”
Under questioning from defending solicitor Peter Collins, the defendant said he was not driving the vehicle on the date in question.
When cross-examined by Insp Harrington he said he was “Not exactly sure” how long he had the vehicle. “I had it two or three years. I kept it below the home house. I had insurance until I was disqualified.”
Mr Glynn added that, “The keys were thrown on the dash.”
It was put to Mr Glynn by Insp Harrington that the vehicle was parked on a public road, with the keys in the vehicle and it could have been taken by anybody.
In reply he stated, “It was left there long enough and no one took it.”
Mr Glynn was asked how far the incident was from his house to which he replied, “Four or five miles,” with Insp Harrington replying, “But you wouldn’t walk it.”
In reply Mr Glynn said, “You could walk it if you wanted and you could walk further.”
Insp Harrington continued, “I put it to you, you were driving and Shane Gillespie was with you.”
In reply Mr Glynn countered, “No, that’s not correct.”
Having heard the evidence Judge Kilrane remarked, “The defendant maintains he was not the driver and does not know who the driver was. He says the keys were 'stuck in the dash' and the vehicle was driven by someone unknown. I can’t accept that.”
The defendant’s previous convictions were read out revealing previous convictions for no insurance; driving whilst disqualified; failing to stop for Gardaí and dangerous driving.
Mr Collins said the defendant is 27-years-old and is separated from his partner. He is unemployed and lives at home with his father.
“Unfortunately his previous record is all driving related.”
Finalising his ruling Judge Kilrane remarked, “This is a very serious case. It beggars belief he would not know who was the driver. He had plenty of opportunity of calling Mr Gillespie.
“He has a shocking record. He defended fully as is his right but that removes significant mitigation.”
Judge Kilrane imposed a five month prison sentence for a charge of no insurance and disqualified him from driving for 10 years.
He was also sentenced to five months in prison and disqualified from driving for 10 years for a breach of section 107 of the road traffic act, failing to give information demanded by a member of Garda Síochána.
Mr Collins asked that Judge Kilrane consider suspending the sentence but this request was refused with Judge Kilrane commenting, “He was given a lot of chances in the past. I cannot think of any mitigation in this case.
“Driving is his problem and he has decided to take a particular course.”
Recognisances in the event of an appeal were fixed at €100 own bond, not cash, and independent surety of €2,100, €700 of which must be lodged.