Man (44) had a metal retractable baton in car when stopped by gardaí at checkpoint

Sunday World

13 hours ago

Nicholas Stevens, Baile an Cnoic, Dromore West, Sligo was charged with possession of an article with intent to cause injury at Skreenmore, Skreen, Co Sligo, on March 3 2023.
A 44-year-old man who was stopped by gardaí and had his vehicle searched was subsequently found with a metal retractable baton near the handbrake, Sligo District Court was told.
Nicholas Stevens, Baile an Cnoic, Dromore West, Sligo was charged with possession of an article with intent to cause injury at Skreenmore, Skreen, Co Sligo, on March 3 2023.
He was also charged with drug driving and not having insurance at Pier Road, Enniscrone on February 20 2020.
Judge Michael Connellan was sitting at Sligo District Court
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Sgt Kieran Naughton of Sligo Garda Station outlined to the court that he was on duty on the date and was carrying out a checkpoint with colleagues at the location at 9:55pm. He stopped a vehicle, a Hyundai, and spoke to the driver, Nicholas Stevens, who was accompanied by his three sons,
He informed him he was going to carry out a search under the Misuse of Drugs Act, and while searching the vehicle, he found a metal retractable baton in the front of the vehicle, near the handbrake, Sgt Naughton outlined. It was in a closed position.
He showed the baton to the occupants and Nicholas Stevens said he was the owner of the baton.
Sgt Naughton took a cautioned memo from him. He said his address was Lord Edward Street, Ballina although he is living in Dromore West. When asked why it was in the vehicle, he replied he took it off some kids who were messing. He said it was 'there months'.
When asked who were the children, he replied he was not going to say.
The baton was in an evidence bag and shown to Judge Michael Connellan.
Sgt Naughton said it was seized under the relevant legislation.
Inspector Angela Cummins asked the sergeant if the baton was clearly visible in the vehicle, and he replied that it was.
He said the defendant said they were travelling from Killybegs after buying a motorcycle trailer, which was attached to the vehicle.
When asked by Inspector Cummins what was the purpose of the checkpoint, Sgt Naughton replied he decided to set it up with colleagues from Sligo and Skreen as a crime prevention checkpoint.
When asked if the defendant was known to him, he replied he was.
Inspector Cummins asked the sergeant what Stevens said about the baton and the sergeant said that he took it off some kids who were messing. He put it to him that he didn't believe him at the time and that it was in arm's reach of the driver.
Defending solicitor, Mr Mark Mullaney, asked the sergeant if he recalled where the sons were sitting in the vehicle, and he replied that he didn't.
Mr Mullaney said that the oldest son, Nicholas Jr, would say he was sitting behind his father.
He asked Sgt Naughton how long he spent searching and he replied that it was a detailed search.
Mr Mullaney put it to him that it took time to find the baton as it was 'jammed down' the side rail of the driver's seat.
Sgt Naughton replied he found it 'without any issue'.
He agreed that nothing else was found.
Mr Mullaney said that his client stated he took the baton off kids a number of months before and didn't think about it after.
Sgt Naughton said he could have disposed of it, or handed into gardaí, instead of sitting in his car within arm's reach.
Sgt Naughton told the court he is a garda a long time and a sergeant a long time and he previously worked in the drugs unit and has carried out a large number of searches of vehicles. He said during that time, he has only ever come across a metal extendable baton twice.
Mr Mullaney asked in relation to the car if it was privately owned and he said it was.
When asked by the solicitor if he had taken a photograph of the baton in situ, he said he had not.
Nichols Jr was called to the witness box.
He said he was a rear passenger. When asked by Mr Mullaney if he was aware of the presence of the baton, he said he was, 'maybe the day before.'
He said that it was closer to the back of the vehicle.
When asked by Inspector Cummins what age he was at the time, he said he thought he was seventeen.
The Inspector put it to him that he heard the evidence of Sgt Naughton who said it was visible to see and the witness replied it was near the railing of the seat.
Mr Mullaney then said he had an application to make.
He said that in relation to same, to consider it an offence, it has to be committed in a public place.
He said that it was a private car, however it may be on a public road, but it was private and the public don't have access to it.
He said it could not have been committed in a public place.
He said if the baton was taken out of the car then it was in a public place, but where it was found, was in the confines of a private place.
Judge Connellan said he didn't accept the argument.
Sgt Naugton told him that Stevens had 47 previous convictions dating back sometime.
He handed in a catalogue of the convictions, including road traffic, drugs, assault, theft and public order.
Sgt Naughton said that the defendant was involved in a very serious road traffic accident in recent years.
Mr Mullaney said he suffered a very serious brain injury.
In relation to February 2 2020, Inspector Cummins said gardaí were alerted to a two car road-traffic collision at Pier Road, Enniscrone, Co Sligo.
An oral fluid sample tested positive for cocaine.
Gda Ciarán Feeney found that his policy for insurance was not valid.
Mr Mullaney said his instructions were that he had a policy on another vehicle.
Judge Connellan asked if he was ever convicted of drug driving and the court heard he was not.
He convicted and disqualified him for one year. On the no insurance, he disqualified him for ten years.
On the possession of the article, Judge Connellan convicted and sentenced him to four months in prison, suspended for twelve months with conditions to keep the peace and be of good behaviour.
He told him he has a 'chequered history' and a significant number of previous convictions although he hasn't come before the courts since 2022. He warned him if he does come back before the court, he will be going to jail..