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contract was then rescinded, was void and never took place.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
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