Judge dismisses appeal against 24 month sentence

Leitrim Observer reporter

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Leitrim Observer reporter

Judge dismisses appeal against 24 month sentence

Carrick-on-Shannon circuit court

“I see no merit in this appeal,” said Judge John Aylmer upon dismissing an appeal brought before last week’s sitting of Carrick-on-Shannon Circuit Court by James Brady.
Matters were heard in the district court on June 23, 2006 with Mr Brady convicted in his absence of the unauthorised taking of a vehicle, dangerous driving, no insurance, and refusal to provide a breath specimen. Matters were brought before the court arising out of a road traffic accident on December 18, 2003.
The court heard the defendant had been in Australia before returning to Ireland in 2014.
The court heard evidence of the accident which led to the prosecution. The road traffic collision occurred on the Newtowngore to Ballinamore road at approximately 10pm on the date in question.
The defendant, with an address at Mullaghmore, Bawnboy, Co Cavan collided with Patricia Thomas who was driving towards Ballinamore. The court heard Mr Brady’s car went on to the wrong side of the road and collided with Ms Thomas’ car leaving her trapped in the vehicle.
Mr Brady admitted driving and it transpired he didn’t have insurance. He refused to provide a breath sample and was later released. Further investigations revealed he did not have permission to take the vehicle he was driving.
State Solicitor for Co Leitrim, Noel Farrell said: “Patricia Thomas took civil proceedings. Matters have been resolved and she doesn’t want to give further evidence.”
On June 23, 2006 matters came before Ballinamore District Court with defending solicitor John McNulty saying the defendant was given four consecutive six month terms in his absence.
He added, when the defendant returned in 2014 there was a committal warrant. “What appears on his record is 24 months in prison. It presents a huge amount of difficulty with regard getting visas. It has put a huge strain on him over the last number of years.”
Mr McNulty added: “It is a serious matter but I don’t think it merits a custodial sentence.”
Addressing the court the appellant, James Brady said: “In December 2003 I was home for Christmas. I had moved to England and then moved to Australia.”
Explaining why he wished to have the conviction overturned Mr Brady said: “I am trying to get in to Australia.”
Outlining the effects the conviction has had on him he said: “I lost my partner of four years over it. I’ve stopped drinking. That was the cause of a lot of it.”
Having heard the appeal Judge Aylmer said: “If he had shown up he may not have received such a lengthy sentence. He chose to ignore proceedings.”
Judge Aylmer added: “He was in Australia for eight years prior to 2014 and was in the UK before that and made a deliberate attempt to ignore proceedings. There is no merit in the application so many years later.
“If there was any risk of a warrant being reinstated I might reduce the sentence.”