Kevin Gillane (40), a brother of Pat Gillane who is serving an eight-year sentence for soliciting two men to murder his wife, Philomena, was fined £700 in Galway Circuit Court yesterday on two separate charges of common assault. He pleaded guilty to the charges. Pat Gillane (35) was also due before the court yesterday on similar charges, but his case was adjourned until next week.
The court heard that at 9.40 p.m. on May 7th, 1995, Garda William Beirne and Det Garda Sean Leydon were making confidential inquiries in the Ballinderreen area of Co Galway when they came upon a Honda Civic car travelling on the wrong side of the road with headlights on.
The gardai turned their vehicle round and chased the car. When they caught up with it, the court heard, Kevin Gillane got out of the car, approached Garda Beirne and struck him on the side of the face.
Garda Beirne sustained minor injuries, but has since fully recovered and is back on duty.
Sgt Seamus McDermottroe, the investigating officer, told the court that Garda Beirne had received a severe blow to the face which caused him to stumble.
In response to questions from Judge Joseph Matthews, he said that the inquiries being conducted were part of a background investigation into another matter.
Kevin Gillane was employed as a labourer with the county council and had been treated on a number of occasions for a psychiatric condition in St Brigid's Hospital, Ballinasloe.
He was unmarried and had no previous convictions, the court heard.
Sgt McDermottroe agreed with Mr John Jordan, for Kevin Gillane, that the defendant was an easygoing man with simple tastes and simple interests.
He had a mental health problem which dated back to the death of his sister-in-law, Philomena. Sgt McDermottroe agreed with Mr Jordan that the two gardai had been investigating the death of Philomena Gillane and agreed that the defendant was not the best person to cope with stress and pressure. He had spent 12 weeks in total in St Brigid's as a result of the death of his sister-in-law.
Mr Jordan pointed out that Gillane had been before the District Court and Circuit Court on several occasions and had been before the High Court seeking bail.
He had a modest job, earning £165 a week, and the loss of earnings resulting from his court appearances was an estimated £1,200. He had experienced considerable mental anguish and suffering, Mr Jordan said.
The court heard that Gillane had been convicted of common assault on Mr Martin Gordon, a brother of Philomena Gillane, arising out of a fracas in a farmyard in June 1995. Sentencing had been left over until this matter had been dealt with.
Judge Matthews noted that Judge Harvey Kenny had asked both families on a previous occasion to try and put the past behind them and deal with their grief. He accepted that there was an unhappy history in the saga. Judge Kenny had left sentencing over on a previous charge until this matter had been dealt with.
What had happened in this instance was not at all justified or excusable, but was understandable, Judge Matthews said.
Taking into account the trauma the man was experiencing, he felt it was right to close the book. Gillane was fined £350 for common assault at Ballinderreen on May 7th, 1995, and £350 arising out of the farmyard incident in June.
Judge Matthews said that the fines were to mark the end of an unhappy chapter, but certainly did not mark the seriousness of what had happened. He singled out Garda Beirne for praise and wished him well.
