A WEST Cork judge refused to record a plea in a case in which a son took responsibility for his father’s failure to fill out a census form.
A solicitor for the State said the accused Bill Kingston (76) of Kilnaclasha, Skibbereen, failed to comply with the legal requirement to fill the census form on May 22nd, 2022.
However, Colette McCarthy, solicitor defending at Skibbereen District Court, said the elderly man has health issues and that the man who appeared in court to answer the charge is, in fact, his son Billy.
Ms McCarthy explained that Billy is the owner of the property but his parents reside there. She said he and his brother live elsewhere in Skibbereen town.
According to Ms McCarthy, the elderly couple were anxious about filling out the forms, but they accepted that the census enumerators did call, and that the form was not filled.
‘Billy never met the inspector, but he is pleading guilty to give his parents peace of mind,’ said the solicitor.
But Judge John King – who noted that Billy Kingston had no knowledge of the incident until he was prosecuted – refused to accept the plea.
‘It is the occupant of the house who is obliged to fill out the form, so Bill Kingston is the correct defendant,’ he stated.
Colette McCarthy informed the court that all previous census forms were completed and that it had never been an issue before.
The solicitor described how Billy’s parents are ‘good and god-fearing people and have no convictions of any sort’.
The case was left stand to allow Ms McCarthy an opportunity to speak to the actual defendant.
When the case was called for the second time she said Bill Kingston was willing to enter a guilty plea.
Judge John King struck out the charge after the accused agreed to make a €200 donation to a charity working with the elderly in Skibbereen.
Ms McCarthy also pointed out: ‘Billy will be watching the post on the next occasion and will ensure this will not happen again.’
‘No one has the right not to complete the census, but the court will take into consideration the age of these people,’ Judge King told the court.
