Former Limerick senator up in court quotes Shaggy - ‘It wasn’t me’

A FORMER County Limerick general election candidate, senator and councillor was up in court for breaking car windows in the middle of the night.

James Heffernan, aged 39, of Main Street, Kilfinane, pleaded not guilty to two counts of criminal damage at St Anne’s Terrace, Kilfinane on January 20, 2017.

Mr Heffernan said he was in bed at the time and, “It wasn’t me”.

Garda Mark O’Mahony said he attended the scene after receiving a call.

“I spoke to the injured party, Pat Ryan. He said there was damage done to his vehicle, a Hyundai, and his son’s car, a Nissan Almera. He said he observed James Heffernan damaging both vehicles,” said Garda O’Mahony, who arrested the defendant six days later.

“I conveyed him to Bruff garda station. I was unable to interview him as he became ill and was taken by ambulance to hospital. He was subsequently arrested for the purpose of charge,” said Garda O’Mahony.

Michael O’Donnell, solicitor for Mr Heffernan, asked why his client wasn’t interviewed. “It’s not really the norm,” said Mr O’Donnell.

Garda O’Mahony said Mr Heffernan was taken to hospital when he was brought to the garda station for interview. Mr O’Donnell asked why the Garda Armed Support Unit (ARU) were involved in the arrest of Mr Heffernan.

“It was deemed necessary to have the ARU for his safety and the safety of others,” said Garda O’Mahony.

Pat Ryan took the stand and said he was woken at around 4.30am by roaring and shouting.

“I looked out the window. There was a man lying on a wall across the way from me. He got up and threw a boot on the door of my car. He started banging on the door of my house. I wouldn’t come out. I phoned the guards in Bruff and the guards came on. He had broken the passenger and back windows in my car, and the driver’s door window in my son’s car,” said Mr Ryan.

Sergeant Leahy asked how he recognised Mr Heffernan?

“He had a hoodie pulled up but then he pulled it down,” said Mr Ryan.

Mr O’Donnell said his client will say he wasn’t there at all and asked how he saw Mr Heffernan in the middle of the night.

Mr Ryan said there is street lighting and he has a light outside his door.

Mr O’Donnell asked why he didn’t recognise the man, he said, who was lying on the wall.

“He had his hoodie up,” said Mr Ryan.

Mr O’Donnell asked Mr Ryan if he had much contact with Mr Heffernan.

“No,” said Mr Ryan.

“Has he ever attended your house?” asked Mr O’Donnell.

“No,” said Mr Ryan.

Mr O’Donnell said wasn’t it bizarre that Mr Heffernan would arrive at his house at 4.30am.

“You have to ask him that,” said Mr Ryan.

Mr O’Donnell asked Mr Ryan why the other people in the house, his wife and two sons, didn't look out the window.

“I told them to keep back,” said Mr Ryan.

Mr O’Donnell put it to Mr Ryan that the man who did the damage was not Mr Heffernan.

“It was. I swear on the Bible,” said Mr Ryan.

The next person to take the stand was a son of Mr Ryan’s, Greg Ryan.

He said he was awoken by banging on his daughter’s play house in the garden.

“My father told me to stay away from the windows,” said Mr Ryan Jnr.

Answering questions from Mr O’Donnell, Mr Ryan Jnr said his dad told him James Heffernan had damaged cars.

“It was 20 minutes before gardai arrived. I went back to bed,” said Mr Ryan Jnr.

Mr Heffernan took to the witness box. Mr O’Donnell asked him what he had to say about Mr Ryan identifying him as the person who damaged cars.

“I don’t know where to start. It came as a shock to me. The first I heard of it was in Bruff Garda Station. I asked was it over failing to appear in court on a driving offence. John Herbert [solicitor] told me it was about this. I requested a doctor come and I was taken to hospital,” said Mr Heffernan.

Mr O’Donnell asked why of all the people in Kilfinane he is being accused.

“It goes back years and years. Since my school days we were told to stay away from that house,” said Mr Heffernan.

Mr O’Donnell asked why is Mr Ryan saying it is you.

“He might have a set against me. I had a words with one of his sons over Christmas.

“There is a large family - 15 in the house. I’ve ran in general elections and it is the one house I would never go near,” said Mr Heffernan, who added that he was at home in his bed on the night in question.

“It wasn’t me,” said Mr Heffernan.

In summation, Mr O’Donnell said three other people in the house could have identified Mr Heffernan if they had looked out the window.

“Only one person said they saw him. At 4.30am it is hard to see anything. There must be an element of doubt,” said Mr O’Donnell.

Sgt Leahy said Mr Ryan has always been adamant about who caused the damage.

“There is street lighting and he has a light outside his house,” said Sgt Leahy.

Judge Marian O’Leary said she had listened to all the evidence.

“Pat Ryan said he identified James Heffernan when he pulled down the hoodie. Grey Ryan said he heard banging at a playhouse but did not look out the window. I find that unusual.

“James Heffernan said he was in bed. I have to have a doubt. The State have not reached the threshold to convict. I am dismissing the case,” said Judge O’Leary.

Mr Heffernan did plead guilty to failing to appear in Kilmallock Court on March 14, 2017.

Mr O’Donnell said his client was “all over the shop” at the time as he had a breakdown.

“He is not currently working. He is in various programmes. He was a public servant for a considerable period of time,” said Mr O’Donnell.

Mr Heffernan was fined €150 for failing to appear.