NEWS
Dungarvan Observer | Friday, 27 November, 2015
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Sentencing of accused adjourned for medical reports A COUNTY Waterford girl, who was the victim of sexual defilement, was anxious for criminal proceedings against her abuser to be finalised, the Circuit Criminal Court heard in Waterford, last week. The girl who was now aged 18 years wanted to put the case behind her and the State was objecting to an adjournment, said Noel Whelan, BL., for the Director of Public Prosecutions. A 37-year-old pleaded guilty when arrigned last April to two counts of defilement of a girl under the age of 16 years by engaging in sexual intercourse with her in Dungarvan on a date unknown between October 1st, 2012 and November 30th, 2012 as well as on September 9th, 2013. The case was put back to November for the preparations of psychological and medical reports
on the accused. Barrister Edward O’Mahoney, instructed by Eamon Hayes, solr., for the accused man, said the reports that were required were of a specialised nature dealing with his client’s cardiac and medical condition. The defence had been unable to get any of these reports from the medical practitioners. On May 15th last the accused was admitted to the cardiac unit of Waterford University Hospital for two weeks. The case was later adjourned as he was attending the Fall and Blackout Clinic. He had seizures and blackouts and was on medication and on the night before he was due in court he suffered an episode and fell down the stairs. A court may well consider a custodial sentence in this case and it was essential to have a full medical picture of the accused in order to
decide the impact of a prisons sentence on him. It was also imperative that the prison authorities were properly informed of his condition and treatment the counsel said. The accused man had a “loop recorder” implant in his chest that monitored his heart activity and that was due for replacement.There was grave concern that his medical condition had not been explored and he could be at risk if put into custody. The complainant could not be prejudiced by an adjournment because guilty pleas to his criminal conduct were entered and she was not facing an uncertain outcome, he added. Judge Eugene O’Kelly said what was missing was a letter or report from the accused man’s GP stating what he was suffering from and who he was attending. A clear pic-
ture of his psychiatric condition was necessary for sentencing. That picture was less than clear and some sort of clarity was needed before the court embarked on sentencing. The accused did not appear to be over diligent in getting his medical reports and he missed a number of appointments for consultation with his consultant. For a man with such a serious condition it seemed unusual that there was no information available. The Judge directed that the defence solicitor write and explain to the accused man’s GP or consultant that he was facing very serious charges and to obtain a comprehensive medical report on his condition. Adjourning the case to December 2 next, he said that the case would be dealt with by the end of the current term.
Death of teenager recounted at Inquest THE death of a local teenager was recounted at an Inquest held in Dungarvan last week. Jamie Ducey (18) who had an address at Cluain Garbhán, the Burgery, Dungarvan, drowned in a stream at the rear of Sallybrook estate, Abbeyside in the early hours of 16th May, 2014, following a chase by Gardaí investigating an earlier incident that occurred just before midnight on 15th May, when youths were throwing glass bottles at houses in the Seapark housing estate and a senior Garda was assaulted. The Coroner, Dr. Eoin Maughan, told the Inquest that it isn’t quite possible to say whether Jamie ended up in the water due to slipping,
or as a result of alcohol being involved. The Inquest heard that Jamie had three times the amount of the legal drink driving limit of alcohol in his blood dream at the time. A jury returned a verdict of drowning and death by misadventure. On the night of 15th May, 2014, a group of youths, which included Jamie Ducey, had been drinking at the beach area in Abbeyside. They left the beach and were walking through the Seapark estate when some of the group began throwing bottles at houses. Superintendent Michael Leacy, who was in bed at the time, got up to investigate the disturbance in the estate. Outside he observed
two men, one of whom was identified as Jamie Ducey. Supt. Leacy was assaulted that night, when another of the youths hit him from behind, on the head with a bottle, who then fled the scene. Dylan McGovern, a friend of Jamie Ducey, said both he and Jamie were running when they saw a Garda van. He said the last time he saw Jamie was when he climbed over a fence into a back garden. Garda Aidan McCarthy and Garda Mark O’Donovan, who were in the Garda van said they saw two men in the Sallybrook Estate. The two men began running when they saw the Garda van. Gardaí shouted to the men to stop, but they con-
tinued to run. One of the men (Jamie Ducey) climbing over a fence above a stream. Gardaí carried out a search and it was several minutes later when they observed something in the stream, which they discovered to be Jamie Ducey. The Assistant State Pathologist, Dr. Michael Curtis said there was no evidence of assault or restraint and his findings were consistent with death by drowning. In a deposition to the Inquest, Jamie’s mother, Lisa Jones, said he had just turned 18 and was the eldest of her three children. She said the last thing she said to him was “take care” when he rang her on the night around 10.40 p.m.
Appeal withdrawn
Congratulations to Declan O’Keeffe, Ardsallagh, Youghal, who recently graduated with a Bachelor of Law (LL.B) Honours from DIT and is pictured with Professor Brian Norton, President of DIT.
A WEXFORD woman withdrew her appeal in Waterford Circuit Criminal Court, last week, against the severity of a prison sentence totalling 12 months imposed on her for two separate thefts in Dungarvan town centre. Caroline Duffin with an address at No. 16, Mount George, Wexford, was given two terms of six months in prison, to run consecutively, by Dungarvan District Court. She was convicted of stealing €1,250 in cash the property of Maura Cockwell, Eden Café, Dungarvan Shopping Centre on February 22nd, 2014 and stealing
€200 in cash from the purse of Rosemary O’Riordan at Dunnes Stores in the same shopping centre on June 12th, 2014. Waterford State Solicitor Frank Hutchison said the appellant was in custody in respect of another matter. She was given a sentence of nine months for a similar offence in Limerick on September 3 last. No advantage was gained by lodging the appeal against her Dungarvan sentences, he said. Judge Eugene O’Kelly struck out the appeal and affirmed the District Court sentences.
telling her he was “drinking a few bottles” and would be back later. Ms. Jones said Jamie “was a good young fella” and “had a heart of gold and was a big softie”. “Jamie didn’t deserve this at all. He is sorely missed by us all,” she said. Meanwhile, Jamie’s father, Michael Ducey, speaking to Joe Duffy on RTÉ’s Liveline last Friday, said there should be more facilities in Dungarvan to occupy young male adults, to help divert them from the path of drinking and drugs. He urged young men to be strong and pursue the activities they like and have the courage to say ‘no’ to peer pressure and to look after themselves.
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