Homeless man fined in absence for Offaly public drunkenness offence

A FINE of €200 was imposed on a homeless man who failed to have a prosecution for a public order offence dismissed at Tullamore District Court.

Steven Breen (36), of no fixed abode, was accused of being intoxicated in a public place and being a danger to himself or others at Main Street in Tullamore on September 30 last.

The prosecuting guard, Garda Dermot Bannon, explained that Mr Breen had sent an email saying he could not be in court because he was of no fixed abode in Dublin.

Aine Rush, BL, defence barrister, said she had previously appeared for the accused and Judge Andrew Cody decided to hear the case.

Garda Bannon said that on the afternoon of September 30 the man was highly intoxicated, there was a strong smell of intoxicating liquor from him and his speech was slurred. He arrested him and brought him to the station for his own safety.

Defending barrister Aine Rush sought a direction from Judge Andrew Cody because the garda had not given evidence as to how and why Mr Breen had been a danger to himself or others.

The only evidence of intoxication was that the man's speech was slurred and there was a smell of intoxicating liquor.

Judge Cody said the garda had stated the accused had to be arrested for own safety so that meant he was a danger to himself.

Garda Bannon then said Mr Breen was highly intoxicated and had a number of cans of alcohol on his person. He was unsure of his surroundings and had no address in Tullamore.

Ms Rush said she still believed the standard of proof had not been met but Judge Cody decided to convict Mr Breen.

Garda Bannon said the defendant had previous convictions for public order offences, including public drunkenness, breaches of the peace and theft.

Asked by Judge Cody about Mr Breen's personal circumstances, Ms Rush said she had not had a consultation with him recently but she was aware he had been in a psychiatric unit and was a homeless man of very limited means.

Judge Cody imposed the fine granted legal aid. He also fixed recognisances for an appeal.