Man with ‘selective amnesia’ found guilty of drink driving

first_imgA CULDAFF man has been found guilty of a drink driving charge after gardaí found him sleeping behind the wheel of a van that was parked in the middle of the road.Aaron McColgan, 27, who has an address of 92 Cara Bay, Culdaff and Lematudder, Culkeeny, Malin, was charged with being drunk in charge of a van at The Mullins, Carn, on 26 May, 2014. He was also charged with having no insurance, driving without a licence and obstruction.McColgan appeared before a special sitting of Buncrana District Court yesterday, where he pleaded not guilty to the drink driving charge, but accepted the obstruction and no insurance charges. The case has previously been adjourned before the court on twenty separate occasions.Garda Robin Hennigan told the court that at 3.20am on Monday, May 2014, he received a report of a white van in the middle of the road on the main Carndonagh to Quigley’s Point road.He said he went to the scene and found a Peugeot Expert van with the lights on and engine running parked in the middle of the road.Gda. Hennigan said there was a male asleep in the driver’s seat.“I knocked on the window, telling him to open the door but there was no response after doing it three times the male woke up,” Gda. Hennigan outlined.“The man gave as name as Aaron McColgan and upon speaking with him I noticed that his speech was slurred, eyes were glazed and there was a strong smell of alcohol coming from his breath. There was also an open beer can in the cup holder in the driver’s door.”The court heard that McColgan was arrested and brought to Buncrana Garda Station, where a subsequent alcohol test revealed a concentration of 52mg of alcohol per 100ml of breath – more than twice the legal limit.Gda. Hennigan told the court that he seized McColgan’s van as there was no insurance or tax displayed on the van. He said McColgan informed him that he had no insurance and was disqualified from driving.Garda Inspector Denis Joyce asked Garda Hennigan if there was any space nearby for Mr. McColgan to pull in instead of stopping in the middle of the road. He said there was a lay by just off the road.Defence solicitor Ciaran MacLochlainn asked the garda if he had a conversation with McColgan about where he was going or what he was doing.However the garda said he did not recall as it was five and a half years ago.Member in charge of Buncrana Garda Station Garda Michael McGrath said he read McColgan his rights, when he brought to the Station, following his arrest.He said at 4.41am a phone call was made to McColgan’s girlfriend to arrange transport for him when he was being released.However giving evidence in court, Aaron McColgan said he had no recollection of this. He said he had very little recollection of the night in general.“I don’t remember where I was that night, I don’t know how I got there, it’s not a road I would be on as it’s not on the way home,” he told the court.“I don’t remember driving I had no intention of driving – I knew I was drunk and that I wasn’t fit to drive.”Insp. Joyce said McColgan signed the custody record to prove that Gda. McGrath went through his rights with him.He argued that McColgan’s memory was ‘selective’.“It seems Mr. McColgan is suffering from selective amnesia,” said Insp. Joyce.“He says he can’t remember anything, or even remember ringing his girlfriend but yet there is it in the custody record with his signature – her phone number is even there,” he added.Mr. MacLochlainn argued that the State did not prove that McColgan had ‘attempted or intended’ to drive the vehicle. He said this is an essential element in a prosecution case.“This is an unusual case where the van was found in the middle of the road but no one asked Mr. McColgan how he got there or where he was going,” said Mr. MacLochlainn.“He was out for the count and says he doesn’t know what he was doing. He was clearly drunk but there is no proof that he intended to drive. We don’t even know if he drove to this point. I would say there must be a doubt in the case.”However Judge Paul Kelly said he had ‘no doubt whatsoever’.“When the Gardaí arrived he was stopped in the middle of the road blocking traffic,” said Judge Kelly.“There were ample areas he could have pulled in nearby if he wanted to sleep. The lights were on and the engine was running so logic says that the person intends to drive. The defendant was unable to assist the court in any way,” he added.Judge Kelly said he found that McColgan has a case to meet and found him guilty of the charge.Insp. Joyce said McColgan has a previous conviction for having no insurance in Northern Ireland, as well being drunk in charge of a vehicle. He said he was disqualified in Carn District Court for two years from October 21, 2013.Solicitor Mr. MacLochlainn asked Judge Kelly to adjourn sentencing as he was currently preparing another legal challenge to contest the case.Judge Kelly agreed to adjourn sentencing until November 19 in Carn District Court.Man with ‘selective amnesia’ found guilty of drink driving was last modified: September 30th, 2019 by StephenShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)last_img read more

Knicks send Kristaps Porzingis to Dallas, say he requested a trade

first_imgMOST READ Once that happened, they decided to trade the All-Star forward who was thought to be one of the key players for their future.“When he came in today, it was clear to us that it was time to pull the trigger on something,” Knicks President Steve Mills said.FEATURED STORIESSPORTSPrivate companies step in to help SEA Games hostingSPORTSUrgent reply from Philippine ‍football chiefSPORTSWin or don’t eat: the Philippines’ poverty-driven, world-beating pool starsThat was a seven-player swap with the Dallas Mavericks that also netted New York two future first-round draft picks and possibly enough room to afford two top free agents this summer.Porzingis has been sidelined for nearly a year after tearing his left ACL. The Knicks said recently he would undergo testing during the middle of February that could have determined if he would be able to return this season. If it does, it will be in Dallas, where he can form an intriguing international frontcourt with rookie Luka Doncic. Both played professionally in Spain before coming to the NBA as top-five picks.The Knicks acquired Dennis Smith Jr., DeAndre Jordan and Wesley Matthews in the deal, while also sending guards Tim Hardaway Jr., Trey Burke and Courtney Lee to Dallas. New York general manager Scott Perry said the Knicks would get an unprotected pick in 2021 and the other pick would be in 2023.“We feel like we did the right thing,” Mills said. “When you’re trying to think about how you want to build your team for the long term, you don’t want to commit a max (contract) to a player who clearly says to you he doesn’t want to be here,” Mills said.The 7-foot-3 Porzingis was the No. 4 pick in 2015 and averaged 17.8 points and 7.1 rebounds in New York, where he was expected to be the Knicks’ franchise player for years. But they declined to give him a contract extension before this season — they say he was in agreement with that decision — and now by trading him and Hardaway seem instead to be gearing up to pursue players in free agency, with nearly $70 million in cap space.Hardaway has two more years and about $37 million left on his contract, and moving that was necessary if the Knicks were going to find a way to open the most cap space possible.ADVERTISEMENT Don’t miss out on the latest news and information. Sports Related Videospowered by AdSparcRead Next PDEA chief backs Robredo in revealing ‘discoveries’ on drug war New York (10-40) has the worst record in the NBA and is headed toward landing a high pick in the draft. Then the Knicks will be set up to be big spenders in a free agent market that could include Kevin Durant, Kawhi Leonard, Kyrie Irving and more.But they won’t have Porzingis, who they once believed was the kind of talent who could help attract those players. The Latvian has 3-point range on offense and shot-blocking skills on defense, and had made his first All-Star team just before tearing his ACL after a dunk against Milwaukee on Feb. 6.He had been frustrated with the franchise before, skipping his exit meeting after his second season before returning to Europe for the summer. But Knicks coach David Fizdale had said Porzingis was frequently around the team even while he couldn’t play, taking part in meetings and some activities on the court.However, Mills and Perry saw otherwise, noticing how often Porzingis was in the gym and how long he stayed when he did come.He was there Thursday, and after a meeting the Knicks had their answers.“We wanted a confirmation from him whether he was completely in or out,” Mills said, “and he made it clear to us when he came in to meet with us that no longer wanted to be part of our group.”The most valuable player in the deal from the Knicks’ standpoint is likely Smith, the point guard they passed on with the No. 8 pick in 2017 when they instead took Frank Ntilikina. The Mavericks took Smith one pick later, and he posted the second triple-double of his career Wednesday when Dallas won at Madison Square Garden.Jordan is a former U.S. Olympian and top defensive center. The Knicks said they wanted to keep Jordan and Matthews, believing they could help their younger players.___ LATEST STORIES US judge bars Trump’s health insurance rule for immigrants ‘We are too hospitable,’ says Sotto amid SEA Games woes Private companies step in to help SEA Games hosting PH underwater hockey team aims to make waves in SEA Games PLAY LIST 02:42PH underwater hockey team aims to make waves in SEA Games01:44Philippines marks anniversary of massacre with calls for justice01:19Fire erupts in Barangay Tatalon in Quezon City01:07Trump talks impeachment while meeting NCAA athletes02:49World-class track facilities installed at NCC for SEA Games02:11Trump awards medals to Jon Voight, Alison Krauss Prelude to tough stretch SEA Games hosting troubles anger Duterte Oil plant explodes in Pampanga town ‘We are too hospitable,’ says Sotto amid SEA Games woes View comments Grace Poe files bill to protect govt teachers from malicious accusations FILE – In this Jan. 25, 2018, file photo, New York Knicks forward Kristaps Porzingis, of Latvia, reacts after fouling out during the second half of the team’s NBA basketball game against the Denver Nuggets on Thursday,, in Denver. The Knicks agree to trade injured star Kristaps Porzingis to Dallas Mavericks on Thursday, Jan. 31, 2019. (AP Photo/David Zalubowski, File)NEW YORK — The New York Knicks were having their doubts, wondering if Kristaps Porzingis truly wanted to be part of the franchise.On Thursday, they say he made it clear he didn’t.ADVERTISEMENTlast_img read more

Army hero Lt Ummer Fayaz and Hizbul terrorist Zakir Musa: The story of two Kashmiri lives

first_imgThe two men, both 22 and of Kashmiri origin, lived almost 50 kilometres apart, one in Sudsona Kulgam, and another in a palatial house in Noorpora, Tral.Both learned to use weapons, but their causes couldn’t have been more different.Lt Ummer Fayaz, who was abducted, tortured, and killed by terrorists earlier this month, swore by the Indian Constitution and lived his dream to become an Army officer and serve his country.Zakir Musa, on the other hand, picked up a gun at the age of 18, and joined the terrorist group Hizbul Mujahideen (HM). After death of Burhan Wani, it was left to him to lead HM.Both were good in academics. Both liked sports.Ummer Fayaz studied in an Army good will school, moving away from the militancy fields of Shopian, and eventually making it to NDA. He was a good hockey and volleyball player.Zakir Musa passed all his exams in the first division. A good cricket and carrom player, he represented Jammu and Kashmir on more than one occasion in inter-state carom championships. He participated in Varanasi in 2010 and in Faridabad in 2012.Ummer Fayaz would often take out time to guide young boys from his village to join the mainstream. He inspired boys to take up a job in the government, the Army or the paramilitary.Zakir Musa, with his chiseled good looks and his enthusiasm for bike stunts, moved to Chandigarh to do his B Tech from Ram Devi Jindal College.But his father, Abdul Rashid Bhat, says it was ill-treatment in the Chandigarh college that triggered Musa to take up arms.advertisementNeither Lt Fayaz nor Musa was particularly religious.Although Musa claimed – in a Whatsapp video – to run the Kashmir movement to establish an Islamic state, his father said he “would offer namaz only on Fridays.”Zakir Musa’s carrom certificate A FATHER’S HEARTBREAKThere’s hardly any room in Lt Ummer Fayaz’s household. It is brimming with people, but there is a muted silence.His parents are stunned and shocked at the loss of their son. His two sisters grieve for him.”If we knew this is the fate he would meet, we would never have called him here,” says his father, a small-time apple grower.He is almost teary-eyed.His heart aches every time he speaks of him, he says.Lt Ummer Fayaz’s father with relatives MY HEART BLEEDS FOR LT UMMER FAYAZ, SAYS ZAKIR MUSA’S FATHERMeanwhile, Zakir Musa’s father Rashid, 56, is 4 years away from retiring from his job as an assistant engineer in the Irrigation department in Pulwama.His elder son is a doctor in Barzalla’s Bone and Joint hospital.Rashid says: “My heart bleeds for Lt Ummer Fayaz, for every parent who has lost a son of the soil.”He blames the government for pushing young men into militancy.”My son in 2010 was booked for stone-pelting while he was just 14. He never got over it.”There is no effort to get youth into the mainstream, he said. While Lt Ummer Fayaz was killed – while unarmed – in cold blood by suspected HM Terrorists, a massive manhunt is on to take down Zakir Musa.The father of the militant dreads taking calls, suspecting bad news. ALSO READ | Why Hizbul Mujahideen is rattled after murder of Army officer Ummer Fayaz ALSO READ | Who is Zakir Musa? Why Hizbul Mujahideen distanced itself from his ‘Islamic Kashmir’ remarkALSO WATCH | Nation stands with Lt Ummer Fayaz: Candlelight vigil at India Gate to honour fallen herolast_img read more