Defendant made false 999 calls saying man was missing in the water at Killybegs
When gardaí arrived he asked them to give him a lift home
A man who called 999 to make a false report of a man missing in the water in Killybegs has been handed down a suspended prison sentence.
Sitting at Donegal District Court, Judge Sandra Murphy raised concerns that it appeared from the probation report that the defendant was somewhat in denial about the crime. Furthermore, having been refused a lift home by the officers who attended, he went on to make further phone calls to complain about gardaí.
Peter Gallagher, 62, of 94 Ard Connell, Ardara pleaded guilty to the offence which took place at Main Street, Killybegs on November 11, 2022. He was charged with knowingly making a false report tending to show that he had information material to Garda Síochana enquiries, and thereby caused the time of the Garda Síochana to be wastefully employed. The offence is contrary to Section 12(b) of the Criminal Law Act, 1976.
The court heard that Gallagher called 999 and claimed his friend was missing in the water in Killybegs. He then asked gardaí to give him a lift home. Gardaí did not give him a lift, the court heard, given that he was wasting time. He then made more 999 calls complaining about gardaí.
The matter was initially heard at a previous court when Judge Murphy asked for a probation report to be prepared.
At the court sitting on Monday, July 28, the judge said she had read the probation report and was concerned that despite his guilty plea, the defendant told the probation service that he had genuinely believed a man was missing in the water.
“It is just not hanging together,” she said.
The judge asked solicitor Jim Corbett to go through the probation report with his client to ensure that he understood the issue she had raised.
When the case resumed, the solicitor said: “Mr Gallagher basically has indicated to me that he is fully aware of what is in the probation report.
“As far as the incident is concerned, he was under a lot of mental turmoil at the time and that may have triggered his behaviour, coupled with problems in his life.
“The defendant accepts he did say what he said and apologises to the court.
“He is making an effort. I ask you to be as lenient as possible.”
The court heard that the defendant had eight previous convictions but they were not relevant to this case.
Judge Murphy pointed out that the probation service placed Gallagher as being at a moderate risk of reoffending.
In passing judgement, she said: “What is aggravating is the fact that following the incident happening, that he went and made complaint reports to an Garda Síochána.
“Gardaí accept that it wasn’t done maliciously but there were costs and pressure to the state. It is a very serious offence from that point of view. My concern was that he was in denial of a certain aspect of that.”
The judge imposed a two month prison sentence which she suspended for 12 months.