1996/99
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Ballina off-licence owner gets endorsement for selling alcohol to drunk man
6 May 1998
A Ballina off-licence operator had his licence endorsed and was fined £170 after the local court heard drink had been sold to an intoxicated man who was later found lying in a garden.
Judge Dan Shields heard Oliver Ormsby, Garden Street, Ballina, had brought the man, Gerry Coggins, home in his taxi along with a quantity of spirits and beer. Ormsby's wife Margaret, charged with aiding and abetting, had earlier sold the liquor to Coggins. The drink was later returned and the money for it given back to Coggins.
Defence solicitor, Mr. Damien Tansey maintained the contract was then rescinded, was void and never took place. On this technicality the defendant was entitled to a dismissal of the charge.
Hilary Coggins, wife of Gerry Coggins, from who she is separated, told the court on December 31 last she received a call at her mother's home to go to Barnadearg where Gerry Coggins was in a neighbour's back yard. He was lying down and she was unable to move him.
Oliver Ormsby who was present rang the Gardai who came and helped Coggins into the house. Ormsby, who runs a taxi service, had drink belonging to Coggins in his car but he would not open the boot of his car.
The Gardai checked the boot and noted its contents. Her husband was highly intoxicated and "not responding to anything." A doctor was called and examined him.
Garda Christy Joyce said when he arrived with two members at Barnadearg at 10.30p.m. he was approached by Hilary Coggins who complained her ex-husband was lying in the ground in the back garden of a house. She also said he was supplied with drink by one of the defendant's in the case. Coggins was assisted into the house and placed on a couch.
Oliver Ormsby admitted his wife Margaret sold drink to Coggins. He opened the boot of his taxi and Garda Joyce noted the drink sold to Coggins - a 700 ml bottle of Smirnoff vodka, a 200 ml bottle of Smirnoff, a 700 ml bottle of Paddy whiskey and five cans of Budweiser.
Ormsby said he was returning this drink to his off-licence and would reimburse Coggins for the drink.
In a subsequent interview Margaret Ormsby admitted selling the drink to Gerry Coggins.
Mr. Tansey, solicitor, said the money was given back and the drink returned and so no contract had taken place. There was also no evidence Coggins was drunk at the time of the purchase.
Judge Shields said he would convict Oliver Ormsby and told the court: "I find this a particularly distressing case that somebody in a drunken condition and who obviously has severe difficulty in relation to that would be sold drink at a stage when he was at an advanced stage of intoxication.
"And that Mr. Ormsby, in his other persona as a licenced driver, should bring that person with enough drink to kill that person in his car is a matter of enormous seriousness."
Judge Shields imposed a £170 fine plus £30 expenses and endorsed Ormsby's licence. Dismissing the charge against Margaret Ormsby he said "I am satisfied justice is done in the other matter."
He fixed recognisance in the event of an appeal at £200 own bond and £1,000 independent surety.
Connaught Telegraph - News & Sport - May 1998
