Judge rules claim Tipperary man took knives away for his children’s safety is ‘not credible’

A man who was found with a knife under the driver’s seat of his car claimed he had taken it from his children, Thurles District Court was told.

James Peter Donoghue, 48, of New Road, Templemore was charged with two counts of possession of knife and possession of drugs on May 16, 2023 at Manna South, Templemore.

Garda James Kelleher of Thurles Garda Station told the court that the day of the incident, he was on patrol and pulled over a vehicle in Manna South, Templemore.

The driver got out of the vehicle to speak with him but the guard told him to get back in, in the interest of public safety. When he followed the driver back to the car, he saw the handle of a knife sticking out from under the driver’s seat.

The court heard that the driver told the guard that his kids take things from their caravan and put them in the car. The man was arrested and taken to Thurles Garda Station, and when cautioned he replied:

“Have you a problem with me.”

More to come

The court heard that at the station, Mr Donoghue was searched, and a second knife was found in the lining of his jacket, as well as a small quantity of drugs worth between €10 and €20. The defendant was charged for all three items.

In the case of the first knife, he told guards it was only a kitchen knife and on the second, he said:

“I’ll take what I get.”

In regards to the drugs, he replied: “If they are there, they are there.”

The court heard that Mr Donoghue provided a voluntary statement telling the gardaí that he had removed the knives from the caravan so that his children did not injure each other.

He said he forgot that he had left the kitchen knife in the car and told the guards:

“The kids are wild. I would not have left them in the caravan. Traveller kids are different.”

The court heard that the second knife had slipped through a hole in the defendant’s pocket and into the lining.

Benefit of the doubt

Acting for the defendant, solicitor Paddy Cadell told the court that his client had eight children, six of which are dependent.

He said Mr Donoghue had removed the knives from his home to prevent harm and made his statement voluntarily.

He argued that his client should be given “the benefit of the doubt.”

“He did it from a safety point of view,” said Mr Cadell.

Not credible

However, Judge Elizabeth MacGrath said she took issue with the fact the knife was “in plain view.”

She said it was reasonable to assume the children might play in the car, and it was not a safe place to keep a knife.

“I just don’t find that credible,” said Judge MacGrath.

Noting the defendant’s 25 previous convictions, the judge convicted on all matters.

As Mr Donoghue was not present in court, the judge issued a bench warrant.