A 22-YEAR-old man, charged with failing to comply with a direction given by a member of the gardaí, had the case against him dismissed at Skibbereen District Court.
Colette McCarthy, solicitor, reminded Judge James McNulty that a similar case, involving her client’s brother, was dealt with at a previous court and that he had been given the benefit of the Probation Act.
On this occasion, it was Sam Burchill of Rineen, Skibbereen, who was prosecuted for failing to comply with a direction given to him by Gda James Crowley at 1.50am at Bridge Street, Skibbereen, on January 30th 2022.
Ms McCarthy said the brothers had been standing outside a premises when first approached by Gda Crowley who advised them to leave the area ‘for their own safety’.
She did not specify what had happened earlier but accepted that her client had not only failed to do what was asked of him but was approached by Gda Crowley on two more occasions later that same night.
After the initial request, court presenter Sgt Tom Mulcahy, said Gda Crowley approached the accused further up the street. The brothers were, he said, ‘arguing and pushing each other’. The third request was made at 1.50am.
On the second occasion, Ms McCarthy said: ‘They were arguing with each other about what had happened earlier and, on the third, they came back into town to get a lift home.’
Judge James McNulty said there were mitigating factors such as the accused’s blemish-free record and his plea of guilty.
‘Given that his brother was dealt with leniently, I will give him the benefit of the Probation Act but,’ the judge warned, ‘that doesn’t happen twice in West Cork.’
