A DISTRICT court judge told a Dunmanway man who he sentenced to six months in prison, that he has not learned from past events and has ‘squandered opportunities’ given to him by the court.
Judge James McNulty made the comments at Clonakilty District Court last week when sentencing Oisín O’Donovan (26) of Main Street, Dunmanway for public order offending in the town on July 4th last.
Mr O’Donovan pleaded guilty to being drunk in a public place and using or engaging in threatening, abusive or insulting words or behaviour.
Sgt Tom Mulcahy told the court that Sgt Chris Brosnan was responding to a call made by a member of the public about a male causing a disturbance in Market Square in Dunmanway.
‘On arrival he saw the accused in a drunken state and attempting to climb a gate. When he saw the gardaí, he called them rats and informers,’ said Sgt Mulcahy. ‘Sgt Brosnan tried to calm him down but he became even more abusive and threatened him. He was then arrested and brought to Clonakilty Garda Station.’
The court heard that the accused has 13 previous convictions for similar public order offences as well as assault and drug possession.
Defence solicitor Myra Dinneen said her client was at his family home gate at the time of the incident and apologises for his behaviour.
‘He’s 26 years old and has grappled with issues. A probation report was requested when he was last in court and he has engaged with the probation services. It’s early days yet and no doubt some work has to be done,’ said Ms Dinneen.
However, Judge McNulty said that some work has to be done by Oisín himself and said he’s been ‘kicking around a long time now’ with various convictions.
The judge noted that Mr O’Donovan received a suspended sentence in 2019 for similar offences and is now re-offending again.
‘He’s not learning and is squandering opportunities and the appropriate sentence is 60 days in prison. If he thinks it’s harsh he can appeal and the Circuit Court judge will have a probation report by then,’ said Judge McNulty.
Recognisances for an appeal were fixed in Mr O’Donovan’s own bond of €100.
Judge McNulty also asked Ms Dinneen to explain to her client the conditions attached to being out on bail while appealing a sentence.
‘As well as the usual conditions of keeping the peace and being of good behaviour there should be no public drunkenness and he should not consume alcohol in any public place. His offending in public should be at an end.’
The judge also convicted and fined him €500 on the drunk in public charge and gave him 90 days to pay the fine.
