A 21-year-old Carrigart man has received a ten month suspended prison sentence for setting a car on fire outside Milford Garda Station.

Patrick Doherty of 11 New Cottages, Carrigart pleaded not guilty to the charges before a recent sitting of Letterkenny District Court.

Judge Desmond Zaidan heard from Garda Damian Heffernan that on January 27 he took up duty as station orderly at 6am. At approximately 6.30am he observed a man in a white hooded top through the glass door at the rear of the station. This man was interfering with a car that had been involved in an accident earlier that night and from which the occupants had fled.

Garda Heffernan described the car as a red Rover 400 series. It had been parked at the rear of Milford Garda Station having been detained after the accident.

"As I approached the glass door I saw the man flick something into the car. It instantly went up in flames and the culprit attempted to get away. He jumped over the back wall which is about six foot high but I managed to grab him by the shoulder and thigh."

A struggle ensued for about thirty seconds during which he got a close look at the man's face and recognised him instantly as Patrick Doherty. The man managed to break free and escaped over the wall. Garda Heffernan then turned his attention to extinguishing the blaze which had taken hold in the vehicle.

Garda Gibbons and Garda Frain were alerted and a search of the vicinity was undertaken but the defendant could not be located. Garda Heffernan then called to Doherty's home and the home of his girlfriend but he could not be located.

On the afternoon of February 2 Doherty called to Milford Garda Station where he was interviewed voluntarily. During this he denied any involvement in the incident on January 27. As he went to leave the station he was arrested by Sergeant Forkan.

In evidence, Patrick Doherty continued to deny any part in the offences before the court. He said that on the night in question he had gone to Creeslough with his friend Seamus McBride and they got a taxi back to Carrigart at about 11.30pm. According to Doherty he and Seamus McBride stayed in his house where they "had a few more drinks" and fell asleep on two sofas in the living room. He also stated that he did not leave the house at any other time that night.

Doherty was asked by Superintendent Gallagher why he did not give this information to gardai. He replied: "The guards were trying to put words into my mouth. I was scared. They seemed to be trying to say this was me. I thought I was within my rights to remain silent."

The Superintendent also put it to Doherty that he was the man who set the car on fire. He replied: "One hundred per cent it wasn't me. Definitely not."

Evidence was also given by Seamus McBride and the defendant's mother Mrs Anna Doherty that he had been at home at the time he was alleged to have been at Milford Garda Station.

Having considered the evidence, Judge Zaidan stated: "I am the sole judge of fact in this case and I have to be satisfied beyond reasonable doubt that the State are correct in their case presented to me."

He added: "Garda Heffernan said that Patrick Doherty is the man he observed at Milford Garda Station. He is a trained officer and there is a distinction between him identifying an individual compared to ordinary Joe-soaps on the street."

"I appreciate mistakes can be made in visual identification, but Garda Heffernan, when pressed, said he was very familiar with the defendant."

Hed added: "No negative inference can be drawn form the defendant using his right to remain silent. But I am satisfied the State have proven beyond reasonable doubt against the defendant."

Solicitor, Mr Michael Shiel, outlining his client's circumstances, stated he is currently unemployed but works part time on boats when the opportunity presents itself. He added: "This is a case my client felt should be fought."

Judge Zaidan commented: "I am not going to punish him for taking a trial."
Judge Zaidan proceeded to convict and sentence Doherty to ten months imprisonment on both counts of criminal damage.

The sentence was suspended for two years provided the defendant enters into his own bond of ¤2000 to keep the peace and be of good behaviour for the next two years.

Liberty was given to the State to re-enter the case if Doherty comes to their attention in the meantime. In the event of an appeal, Judge Zaidan fixed recognisance in the defendant's own bond of ¤2000, an independent surety of ¤6000, ¤3000 of which is to be lodged with the court.