Man chooses prison over freedom during Tullamore Court sitting
The defendant had been through ‘some very tough times’
A DEFENDANT chose prison instead of freedom duringa recent sitting of Tullamore District Court.
Eric Cleary, 34, Ashdale, Clonbrusk, Athlone, Westmeath was charged with threatening, insulting and abusive behaviour and being intoxicated in a public place.
The public order incidents occurred at Riverview Apartment Complex, Kilbeggan on April 6 last.
The defending Barrister Paul Noctor told the court that his client had been through some very tough times.
Mr Noctor pointed out that Cleary was not currently employed. “Unfortunately Mr Cleary has lost his job and he's homeless.”
Mr Noctor said his client is currently “sleeping rough from couch to couch.”
Mr Noctor said his client had been asked by the Judge to pay a fine of €5,000 but this was impossible for him because of his circumstances. "We are in your hands Judge. He is in very difficult straits and while he would wish to pay the fine it is simply not within his grasp at the moment.”
Judge Andrew Cody pointed out that Mr Cleary had a suspended sentence for a previous offence hanging over him.
The Judge commented that Mr Cleary had been abusive and had spat at Gardaí. He also had four previous convictions.
“I am thinking of a community service order instead of a prison sentence,” remarked the Judge. Mr Noctor discussed this option with the defendant.
When the case was called a second time, the barrister said the defendant “won't do community service. He refuses to do it.”
“That is a very poor attitude,” commented the Judge. He therefore convicted for Section 6, threatening behaviour, and sentenced to three months imprisonment.