A MAN who entered the home of his ex-girlfriend’s family unannounced late on a December night has been convicted of trespass.
BY DAVID FORSYTHE
Evan Smith, 26 of Main Street Macroom, denied that he had trespassed at the home of Robert Dorazs and Monica Dorazne at Páirc Uí Mhuirithe, Macroom on the night of December 22nd, 2023.
Prosecuting, Insp Anthony Harrington said it was the State’s case that Mr Smith had gone to the house of his ex-partner, where she lived with her family, sometime after 11.30pm on December 22nd 2023 and had entered the building without permission.
Giving evidence, Monica Dorazne said that she was in bed in the ground floor front room of the house and her two younger children were also in the house on the night in question.
She said that after 11.30pm she heard the unlocked front door open and ‘heavy’ male footsteps ascending the stairs.
Mrs Dorazne told the court that she was expecting her older son, her daughter and her husband all to return home that night.
She said that she called out to the person thinking it was her son but there was no reply.
She told the court that she went to see who it was and saw Mr Smith sitting on a sofa in her daughter’s bedroom.
She said that she asked Mr Smith what he was doing in her house and he asked her where her daughter was.
Mrs Dorazne said she felt afraid and asked Mr Smith to leave.
She said she called her husband and after about 15 minutes Mr Smith left the house.
She said that her husband Robert arrived home from work about five minutes later and he reported the incident to gardaí.
Robert Dorazs told the court that his daughter and Mr Smith had been in a relationship and lived together in an apartment in Macroom.
He said that the relationship had ended and his daughter had moved home a few days prior to the incident.
He told the court that he had told Mr Smith in December 2022 that he was not welcome in his home and not to enter the house.
Mr Smith said that he had been ‘in and out’ of the house many times and stayed there at Christmas 2021.
He said that he had gone to the house that night to try to rekindle the relationship.
He said that he had left the house when Mrs Dorazne had asked him and did not intend to frighten her.
Defence solicitor Sean Cahill said that his client maintained he was not told he was not welcome in the house.
He said the incident did not amount to trespass and that Mr Smith had left voluntarily when he was asked to do so.
Judge John King said that it was clear the incident did amount to trespass and he convicted Evan Smith.
He said that Mr Smith knew he was not welcome and knew the door would be unlocked.
The court heard that Evan Smith had one previous conviction for assault with intent to cause harm from September 2024.
Judge King said that he felt there were issues that needed to be addressed and directed the preparation of a probation report on Mr Smith.
He adjourned the case until April 16th for completion of the report.
