BY DAVID FORSYTHE
A HOMELESS man who was twice caught trespassing on private property has been sentenced to 90 days in prison.
Macroom District Court heard that Aaron Kelleher (23) of no fixed address and formerly of South Douglas Road, Cork pleaded guilty to two counts of trespass.
Prosecuting Sgt Trish O’Sullivan told the court that on October 31st 2023 gardaí in Bantry received a report of a person entering an empty property at 11 Marino Street in the town.
They arrived at the scene at 8.45pm and discovered Mr Kelleher in an upstairs bedroom drinking cans. Mr Kelleher said that he had entered the house because he was homeless and he had nowhere else to go.
The court also heard that on November 4th 2023 Mr Kelleher was found in an empty apartment in the Granary complex at Sleveen East Macroom at 12.25am. On that occasion he had lit a fire inside the building and was found ‘in a very intoxicated state’. He again told gardaí that he was homeless and had nowhere else to go.
The court heard that Mr Kelleher failed to appear at Macroom District Court on January 16th and a warrant was issued for his arrest. He was subsequently arrested and had been in custody since.
Defence solicitor Killian McCarthy said that his client got into severe difficulties in the past six to 12 months. He said that relationships with his family had broken down but this situation had improved markedly since Christmas.
He said that Mr Kelleher suffered from mental health issues and had spent some time in hospital as a result, and had issues with alcohol. He previously had employment as a butcher and he deeply regrets his behaviour.
The court heard that Mr Kelleher had eight previous convictions for a variety of offences, including public order, most of which date from the last 12 months.
Judge James McNulty sentenced Mr Kelleher to 30 days in prison for the trespass in Bantry and said that with the time he had already spent in custody he would effectively be ready for release when he was returned to prison after the hearing.
The trespass in Macroom, he said, was more serious as he had lit a fire in the apartment as well.
For that offence he convicted him and sentenced him to 90 days in prison but suspended the sentence for two years.
Judge McNulty said that the usual conditions for a suspended sentence would apply, namely that he keep the peace, be of good behaviour and commit no further offences.
He also set a second condition that Mr Kelleher would not enter the West Cork District area for two years. The final charge of failing to appear at court was taken into consideration.
