Students told to fork out for damage to rented house

Four GMIT students, prosecuted for causing extensive damage to a rented house in Renmore and for leaving without paying the ESB bill, have each been given until September to pay what they owe to the landlord.

Believed to be the first such prosecution of its type brought against students in Galway, Colin Cunniffe (21) and Kieran Swift (19), both of Ballyheigue, Williamstown; along with John Fleming (19), Castletown, Kilkerrin; and Gerald Nolan (20), Ballinakill, Glinsk, Castlerea, Co Roscommon, who were first year students last year, appeared before Galway District Court, charged with criminal damage and theft.

All four initially appeared before the court last February where they denied that between September 1, 2013 and May 30, 2014, they caused criminal damage to bed frames, pvc doors, floorboards, light fittings, spindles of the stairs, and other furniture belonging to Brendan Gardiner, at 37 Lurgan Park, Renmore.

The four also denied leaving the property without paying their ESB bill for the same period, thereby causing a loss to Mr Gardiner.

At the time, Judge Aeneas McCarthy adjourned the matter to last Friday for hearing at a special sitting of Galway District Court.

However, moments before the hearing was due to begin on Friday, solicitor, James Glynn – who represented Cunniffe, Swift and Fleming – along with solicitor, Olivia Traynor, who represented Nolan, asked Judge McCarthy for a few moments to consult with prosecutor, Inspector Brendan Carroll.

A few minutes later, Judge McCarthy asked if the matters were still being contested.  Ms Traynor shook her head and told him they were being resolved.

Garda Olivia Markham gave evidence that on May 11 last year she received a report from the landlord that the four students from GMIT had rented the property at Lurgan Park from him.

Garda Markham said the property had been extensively damaged during the rented period and she had received a list of the damage and the receipts for the repairs from the landlord.

She said she contacted each of the defendants who had been living in the house and they provided voluntary cautioned statements in relation to the incident.

A file was then prepared for the DPP in relation to the damages, she added.

Judge McCarthy interrupted the Garda’s evidence to ask both solicitors again if the case was still being contested.

Ms Traynor again shook her head and said that with the permission of the court, it had been agreed (with the prosecution and with the landlord) that the matter go back to a date in September by which time all matters would be rectified and the matter could then be struck out.

Insp Brendan Carroll said he had agreed to the adjournment on the grounds that full compensation would be paid to the landlord by all four accused.

The landlord, he said, had agreed to those terms.  The amount of compensation involved was not mentioned.

Judge McCarthy adjourned the matter to September 24, when he will be sitting in Galway again, noting that full payment of agreed compensation would be paid to the landlord by that date.