Defilement case continues in Longford Circuit Court
A man who was on a suspended sentence at the time he was caught for driving offences has been returned to prison by Longford Circuit Criminal Court.
Joe Mears of 1 Richmond Street, Longford, was originally convicted by Judge Keenan Johnson on a charge of possession for sale or supply and given a 5 year sentence - suspended for 7 years.
He was also convicted on a charge of violent disorder where he was given a two year sentence - suspended for ten years.
A number of strict terms were attached to both, including that he keep the peace and remain in legitimate employment.
In March 2023 however, Mr Mears was arrested and charged for road traffic offences. As he was on a suspended sentence, these “triggering offences” consequently brought the matter back before the court.
The court heard how on March 14, 2023, Mr Mears was found driving without a licence or insurance and was convicted on July 11, 2024.
On August 25 this year, he was arrested for a Section 6 Public Order offence and was due to appear at Blanchardstown District Court.
When he failed to attend, a warrant for his arrest was issued on September 4, and executed on October 14.
The matter was adjourned to November 18, and when Mr Mears failed to appear again, a further bench warrant was issued.
When Mr Mears barrister Niall Flynn raised the fact that he had been given a suspended sentence with strict conditions, the main one being that he was to hold gainful employment, Mr Mears replied that he did have a job but that it had ceased last March.
The court heard that the employer in question had found himself before the courts with “his own difficulties” and that Mr Mears had gone on to secure employment in Pitstop on the Athlone Road.
Addressing the court, Mr Mears said, “I would like to say to the judge, I've never got in trouble since 2017.”
It was at this point the defendant was interrupted by his barrister, Mr Flynn, who laughed tensely as he cautioned, “think about that now, Mr Mears!” before reminding his client, “there was a violent disorder on Main Street and a road traffic matter in March 2023, so it's not quite accurate for you to say you've never gotten in trouble since 2017.”
“I never went back into things like drugs though” reasoned Mr Mears.
Matters took a turn when, during cross examination by Barrister for the State, Shane Geraghty, Mr Mears was asked why he did not attend court on September 4.
“I got mixed up with the dates. I rang the court as well. I told them I had to go to Tullamore with the child” he explained.
“On September 4?” Mr Geraghty asked. “Where were you?”
“I was …” Mr Mears began, “...on the fourth…?”
“...of September, yes, where were you?” Mr Geraghty persisted.
“Oh on the 4th of September? I was over in Salou,” he replied.
Following an exchange with the court in which Mr Mears claimed to have informed a Dublin Garda about the holiday, Judge Connolly questioned why he had not volunteered this information earlier.
After taking a break to listen to the court audio recording, specifically where the subject of Salou had arose during cross examination, Judge Connolly said he was not satisfied that Mr Mears had actively misled the court.
He said, “It could have been either - to give him the bounce of the ball, but the fact of the matter is that he was sentenced in respect to very serious matters, a violent disorder and a Section 15 drugs matter, which are both very, very serious offences.”
The Judge added that Mr Mears had, for those offences, “received the indulgence of the court on both occasions” when he was given a suspended sentence.
“Then we come to the matter of the evidence today,” Judge Connolly continued. “All sorts of excuses were given for the two recent bench warrants, only for the court to learn under cross-examination that on one of the dates where a warrant was taken, Mr Mears was in fact on holiday in Salou.
“It seems that Mr Mears has time to go on holidays but doesn't have time to attend court or any regular work. So I'm entirely satisfied that Mr Mears has given this court the run-around, and that merry run-around ends today.
“I'm sorry it has to end so brutally given the very decent and fulsome letter that was provided to the court by his partner, and I do take into consideration that there are children at home to be cared for and that it's coming up to Christmas. I accept all of that, but I'm not willing to tolerate Mr Mears any longer and the hammer must fall today.”
Judge Connolly said he would revoke the 10 year suspension and impose the 2 year sentence that was originally handed down by the court. The final 6 months, suspended for a period of 2 years.
He went on to then revoke the 7 year period of suspension and impose the original 5 year sentence, with the final 3 years and 6 months suspended. He directed that both sentences run concurrently.
READ NEXT: Longford father-of-two dies in tragic accident at family business
Subscribe or register today to discover more from DonegalLive.ie
Buy the e-paper of the Donegal Democrat, Donegal People's Press, Donegal Post and Inish Times here for instant access to Donegal's premier news titles.
Keep up with the latest news from Donegal with our daily newsletter featuring the most important stories of the day delivered to your inbox every evening at 5pm.