Jail for Facebook threat video at Laois court
Photo for illustrative purposes only
A CASE that had come before a court on numerous occasions where the defendant had changed his plea four times was akin to the song said the presiding judge.
Judge Andrew Cody made his comments when Daniel McDonagh with addresses at Ballycrystal, Geashill, Offaly – Fonthill Caravan Park, Clondalkin, Co Dublin and at Oldcastle Drive, Clondalkin, Co Dublin was back before him last week.
The 30-year-old defendant had previously changed his pleas from guilty to not guilty several times on charges of threatening to kill or cause serious injury at Hopkins Haven in Monasterevin on 20 November last year; theft of clothing from Eamon Bracken Menswear, Main Street, Portarlington and with assault at Foxcroft Street, Portarlington on 10 February.
He also was charged with the theft of four cans of Captain Morgan from Centra, Main Street, Portarlington on 11 February and with theft from the Applegreen Garage in Portarlington on 15 October this year.
“It’s a bit like , this case,” said Judge Cody.
“He had no legal representation. He pleaded guilty, not guilty, guilty and not guilty again. What’s his final answer to be?” Defending barrister David Nugent said that his client was pleading guilty to all charges except the charge of assault at Foxcroft Street, Portarlington on 10 February, and was entering a not guilty to that charge.
Judge Cody said: “In and out. It’s the fourth time. “It’s like ”, before he went on to remand Mr McDonagh on continuing bail on the assault charge on Foxcroft Street, Portarlington to 15 January for a full hearing into that case.
Giving evidence in the other cases that the defendant pleaded guilty to, Sergeant JJ Kirby said that on 10 February the defendant entered the well-known store, Bracken’s Menswear and stole five pairs of jeans and a jacket to the value of €449.82.
Regarding the charge of threating to kill or cause serious injury, Sgt Kirby said that on 20 November last year the defendant posted a live video on his Facebook page threatening to kill a person.
However, when he arrived at the intended address and unbeknownst to Mr McDonagh, the family was not residing there and had moved.
Sgt Kirby said that Mr McDonagh pulled into the Applegreen Garage in Portarlington on 15 October this year, filled his vehicle with €136.86 worth of diesel before driving off without paying for it.
He said the accused went into Centra, Main Street, Portarlington on 11 February and stole four cans of Captain Morgan valued at €11.50.
Sgt Kirby said Mr McDonagh had 10 previous convictions.
Mr Nugent said his client has laboured with addiction since the age of 13 which was a normal part of his life since he was a young age but has been engaging with Coolmine, giving clean urine samples and making good progress and hasn’t taken drugs in the past six-months.
He said Mr McDonagh wishes to apologise to the injured parties, the gardaí and to the court.
“But he is not in a position to reimburse the injured parties. He is currently in custody and will be for the next nine-months. He is asking the court not to extend that sentence further and asking the court to assist him in his sobriety and contrition and assist him to get back to normal life.” Judge Cody convicted Mr McDonagh of the threat to kill charge and imposed a nine-month sentence to commence on the expiration of his unsuspended section of his current sentence.
He also imposed a three-month sentence to run consecutively with the nine-month sentence for the theft from Bracken’s Menswear. For the thefts from Applegreen Garage and the Centra store.
Judge Cody convicted on both and fined Mr McDonagh €1,000 on each, payable forthwith from the €2,000 that the defendant had already lodged in bail.
Mr Nugent asked Judge Cody to assign two solicitors to the case, to which Judge Cody asked: “Why does this man want two solicitors, when not one turned up for him. Are you kidding me. You want the state to pay for solicitors when none of them turn up. I’m refusing free legal aid.” Mr Nugent asked Judge Cody to assign free legal aid to him to which he said: “It’s not your fault (solicitors didn’t turn up),” and went on to grant free legal aid to the barrister.
He also fixed recognisance if Mr McDonagh wished to appeal against the sentences.
