Man damaged window of another motorist with his fist

A MAN who damaged the window of another motorist on the M50 with his fist appeared before Tallaght District Court.

Brendan Lally (50), with an address of Kylemore Schoolhouse Road, Castletroy, Limerick, was charged with road traffic and criminal damage offences from a date on September 19, 2023.

Garda Patrick Prendergast told the court that at approximately 6.45pm on September 19, 2023, gardai responded to reports of an idle car in the fast lane of the M50 between junction 10 (Ballymount) and junction 11 (Tallaght).

Gardai observed the defendant acting aggressively, there was no passengers in his car and in his hands he had a petrol can and a large stick.

The defendant was “shouting at other cars” and arrested.

When questioned by Judge Patricia McNamara as to why Mr Lally’s car was parked in the fast lane Garda Prendergast suggested the defendant may have run out of petrol.

Another vehicle stopped her car beside the defendant’s car and “he shouted at her and smashed her driver side window” the court heard.

Damage to the female’s car was €200. The court heard that Mr Lally refused to provide a urine sample at Tallaght Garda Station, for which he was facing a section 12(3)(a) & 12(4) charge of the Road Traffic Act 2010, as amended by section 9 of the Road Traffic Act (No. 2) 2011.

The court heard that the female driver did not wish to provide a victim-impact statement.

Mr Lally has five previous convictions, including a suspended criminal damage sentence of one month from the CCJ on October 20, 2023 and a peace bond from 2021.

He has not come to garda attention since.

Defence solicitor John O’Leary said his client had suffered unfortunate family difficulties and has health issues, having been released from Beaumont Hospital in the last two months.

Mr O’Leary said his client had brought compensation.

Judge Patricia McNamara noted Mr Lally has no previous for section 12 (refusal to provide sample) and fined him €400 with five months to pay.

Judge McNamara imposed an eight-month criminal damage charge, suspended for 12 months, taking into account the guilty plea but she was concerned at the dangerous nature of the incident and the smashing of a fist into the female driver’s car window.

Conditions include that the defendant continues to attend appropriate medical treatment and adhere to all prescribed medication.

“Right now it is a suspended sentence but if you commit an offence you are facing an eight-month sentence,” said Judge McNamara.

Funded by the Local Courts Scheme