25 February 2016 No Comments by The Northern Standard

A Scotstown man convicted in his absence at last week’s Monaghan District Court of criminal damage and assault offences was given custodial sentences when he was brought before Monday’s sittings of the court on foot of a bench warrant.

Cathal Mallon, 3 Gort an Teannal, Knockatallon, Scotstown was sentenced to four months’ imprisonment for criminally damaging a front door glass panel and a side window panel at the residence of Mr Patrick Cawley at 122 Mullaghmatt, Monaghan on September 30 2015.

The defendant received concurrent sentences of two months’ imprisonment on each of two charges that he assaulted Patrick Cawley at Mullaghmatt, Monaghan on September 11 last year, and that he caused criminal damage to Mr Cawley’s shirt on the same occasion.

Recognisances in the event of an appeal were fixed by Judge Denis McLoughlin in the defendant’s own bond of €100. Judge McLoughlin said that, due to the serious nature of the offences, he was also requiring a €800 independent surety, with €400 of the surety sum to be lodged in cash.

Mr Mallon was represented by Mr Martin Cosgrove, solicitor, who indicated at the outset of Monday’s hearing that he was coming back on record in the case having received fresh instructions.

Garda Sergeant Stephen Kelly gave evidence of arresting the defendant on foot of a bench warrant issued by the court. Sergeant Kelly said the reason given by Mr Mallon for his non-appearance at the previous week’s hearing was that he thought the court case was being heard on Monday, February 22. He had met the defendant by arrangement to execute the warrant.Garda Inspector Pat O’Connell told the court that the defendant had 13 previous convictions, including convictions recorded on September 8 2014 of obstruction of a peace officer and breaching public order. On April 11 2006 he was convicted of assault causing harm and was bound to the peace for two years and fined €500. There were also previous road traffic matters against the defendant relating to no insurance, failure to produce insurance and drunken driving, and summary offences in 1997 and 1999.

Mr Cosgrove stated that Mr Mallon had been employed in the same premises for the past 13 years and earned €220 per week. He had two children aged 16 and 12.

“He has a drink problem and accepts that,” Mr Cosgrove stated, adding that his client was not willing to do community service. He had explained the consequences of this to Mr Mallon and pointed out that it tied the court’s hands.

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