Ballyshannon Courthouse
A defendant who was before a Donegal court for sentencing on foot of a bench warrant said he did not understand how the case had been heard in his absence.
When asked by the judge if English was his first language, the man whose name was listed as Joseph Griffin, 58, of Sessiaghoneill, Ballybofey, replied: “No, Gaeilge.”
The defendant told the court that his correct name was Joseph Martin Griffin.
He is charged that on August 16, 2022 at Coolcholly, Ballyshannon, he used a vehicle to which no identification mark was assigned to the back thereof. He is also charged with the same offence in relation to the front of the vehicle. The offences are contrary to Section 12 (4) Roads Act, 1920 as amended by Section 63 Finance Act, 1993.
The defendant is further charged that on the same occasion, he resisted, wilfully obstructed or impeded Garda Michael Connolly, a peace officer acting in the execution of their duty. That offence is contrary to Section 19 (3) of the Criminal Justice Act (Public Order) Act, 1994 (as amended by Section 185 of the Criminal Justice Act), 2006
The case was initially heard in Ballyshannon District Court by Judge Ciaran Liddy on April 15, where it was put on record that the defendant had been notified of the hearing date and was not present.
Judge Liddy had noted ‘facts proven’ and issued a bench warrant so that the defendant would be present for sentencing and finalisation of the matter.
At Ballyshannon District Court on Friday, July 4, Judge Brendan O’Reilly asked the defendant if he had a solicitor.
The defendant replied: “A solicitor only deals in legal fiction.”
Judge O’Reilly said: “We are dealing with non-fiction here.”
The judge then explained that the case had already been heard by Judge Liddy and was in for finalisation and sentence, to which the defendant replied: “I have a bench warrant to say the case is only to be heard here today by you. I don’t understand this.”
Judge O’Reilly asked Griffin if English was his first language.
The defendant responded: “No, Gaeilge.”
The judge then repeated his explanation in Irish.
Griffin said: “Ní thuigim mé.”
Judge O’Reilly asked: “Cén Gaeilge atá agat?”
The defendant replied: “Ní Gaeilge.”
Judge O’Reilly said he would put the matter back to July 18 in order to set a date for Judge Liddy to finalise matters with Mr Griffin.
“Tar ar ais ar an 18ú Iúil,” he said.
Griffin again said: “Ní thuigim mé.”
Judge O’Reilly responded: “For those that ní thuigeann, July 18 here anseo.”
Addressing the defendant directly, he said: “Slán abhaile leat.”
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