A Donegal man who was the first person in Ireland convicted of coercive control has appeared back in court after being caught driving while he was to be serving a driving ban.
Kevin Dunleavy, who has 128 previous convictions, appeared before Judge Sandra Murphy at Ballyshannon District Court.
Judge Murphy described Dunleavy’s previous as “one of the worst driving records” she has come across.
Dunleavy was caught behind the wheel of an Audi car on April 21, 2024 in Ballyshannon.
The 38-year-old of Glenvar, Kerrykeel, was stopped by gardai at 9.03pm on the day in question.
Inspector Angela Cummins told the court that officers were concerned regarding the details initially given by Dunleavy and it was established that he was a disqualified driver.
Solicitor Mr Rory O’Brien came on record for Dunleavy, who pleaded guilty.
Inspector Cummins told the court that Dunleavy has a “significant catalogue” of previous convictions
Inspector Cummins said Dunleavy was given a seven-year driving ban at Dungloe District Court in 2019.
Dunleavy was the first man in Ireland to be convicted of the coercive control of his partner, whom he bombarded with nearly 6,000 phone calls over a three-month period in 2019.
He made the woman take her phone everywhere and would call her on Facetime, making her scan the location so he knew exactly where she was, while he also burnt her clothes and broke her hair straighteners to prevent her going out with friends.
Dunleavy was released from prison in February, 2021 after completing 16 months behind bars having been sentenced to 21 months.
Mr Rory O’Brien, solicitor for Dunleavy, said his client wishes to “convey his utter devastation and remorse” over the incident.
Mr O’Brien told the court that Dunleavy is now in a relationship with a lady, who provided a letter of support to the court on behalf of her partner.
Mr O’Brien said Dunleavy and his partner were travelling from a family function and when “fatigue set in” while the woman was driving, Dunleavy took over driving the vehicle.
“He doesn’t deny that he shouldn’t have been behind the wheel,” Mr O’Brien said. “He does have an extremely poor track record, but he has been doing a number of things positively.”
“For once, he is moving in the absolute right direction and is not coming before the court regularly.”
Mr O’Brien said Dunleavy’s last conviction was five years ago, which he said showed “desire and optimism to further better himself”.
The court heard that Dunleavy has completed the ProSocial Driving Course and has previously completed community service.
“He clearly shows a genuineness in confronting his past behaviour,” Mr O’Brien said. “This might cast a shadow, but it goes to show that he is not a man who is beyond hope.”
Mr O’Brien asked the court to be as lenient as possible and “give him a chance”.
Judge Sandra Murphy said that Dunleavy possessed “probably one of the worst driving records I have ever seen”.
Judge Murphy noted that Dunleavy has previously had probation supervision and the benefit of community service, but has convictions post-community service.
“It seems to me that he is now taking this seriously,” Judge Murphy said.
Judge Murphy remanded Dunleavy on continuing bail to be assessed for suitability for community service and adjourned the case until September 6, 2024 for finalisation.
Noting that it was an incident that could lead to a prison sentence, Judge Murphy said: “I am not indicating community service. I really am not, but I am holding onto everything.”
Banned driver with 128 previous convictions caught behind the wheel was last modified: July 6th, 2024 by