Ashbourne man's failure to comply with court order sees jail term reactivated

An 18-month suspended jail sentence on an Ashbourne man was reactivated at Trim Circuit Court last week, where he was imprisoned for endangerment and dangerous driving convictions dating from February and July 2005 in Ashbourne. Mr Jonathan Kilfeather, BL, for the DPP, told the court the sentences imposed on Kevin Ducie, Stonehaven, Cookstown, and Johnswood Court, Ashbourne, had been suspended in October 2007 in consideration of the year Ducie had already been in custody. The defendant had been sentenced to a total of two-and-a-half years" imprisonment for endangering the life of Sgt James Troy at Stonehaven, Cookstown, Ashbourne, on 21st February 2005 and dangerous driving at The Ward on 31st July 2005. However, the defendant, who pleaded guilty, had been required to keep the peace for three years and complete a course of treatment at the Coolmine drug treatment centre as part of the suspended sentence conditions. In July 2006, a bench warrant was issued for Ducie when he failed to turn up at the circuit court, and was further remanded until the October 2007 sentencing hearing, where he pleaded guilty. The case was re-entered last February after the State learned that Ducie had been ordered to leave the Coolmine centre after being caught with alcohol there in November 2007. The State barrister said the defendant had been directed in court last May to comply with every Coolmine Centre requirement and reside with his parents. The State had since been advised Ducie completed an alcohol programme in St Patrick"s Hospital last May but lost contact with the Coolmine outreach team last June, when he was taken off its waiting list. The accused did make contact with the team again but failed to keep an appointment on 28th October last, or attend the circuit court which issued a bench warrant for him. Ducie had been remanded in custody when he attended the court a week later. Detective-Garda JP Coggins told the court Ducie had come to Garda attention on 3rd September and 4th October last for public order incidents at New Cabra Road and Aston Quay in Dublin. He believed the defendant had been living in an apartment at Johnswood Court, Ashbourne, since last May and not at his parents" home. Witness was not aware if Ducie owned the apartment. On Ducie"s behalf, it was stated his addiction to alcohol and other substances meant his only hope was a residential treatment programme. He had found the day programme at the Coolmine centre of 'limited use'. Judge Michael O"Shea said the defendant had been treated extraordinarily fairly by the court and given numerous chances. The case seemed 'to be going on forever' and Ducie was now back before the court purely and solely for his failure to comply with his undertakings. The defendant had taken advantage of the chance he was given by not complying with the court order, and this was without considering the two public order breaches mentioned by the detective. Following consultations with the Prison Service, the judge imposed the original 18-month term, having regard to time already served in custody by the defendant from 4th November last.