A KINSALE woman who smashed the windows of her next-door neighbour’s car and broke the front window of their home using a poker said she believed they had reported her to the Council for noise.
Despite having no previous convictions, the actions by Marie Bowen were at the ‘high end’ and warranted a custodial sentence, said Judge John King.
At Bandon District Court last week, Ms Bowen of 5 Rose Abbey Crescent, Kinsale pleaded guilty to criminal damage of her neighbour’s property.
Gda Cormac Dineen told Judge King that at 11.40pm on August 28th last, gardaí in Kinsale received a call from the injured party about the accused.
‘They were inside home watching television when they heard a noise outside. They looked out and saw the accused standing in the driveway smashing all the windows of their car,’ said Gda Dineen.
‘She lives directly next door to them. They rang the gardaí immediately and while on the phone to them she smashed the front window of their house.’
She was later arrested and charged by gardaí for the offence, while the court heard that the damage to the window was €350 and their car, valued at €7,257, which they only had for two months, was written off.
Gda Dineen said the accused was co-operative and had used the poker from her fireplace to smash the windows.
‘She made admissions on her arrest but was not formally interviewed due to her intoxication. She said there had been some talk about her son, which she took exception to.’
The court heard that she has no previous convictions.
Defence solicitor Diarmuid O’Shea said this was an ‘awful shocking incident’ due to a ‘cocktail of alcohol and prescribed medicines’ which led to her causing the criminal damage.
‘In her head she thought her neighbours had reported her to the Council about noise and dogs. She wishes to apologise for what happened and can’t undo what she did, and there is deep regret,’ said Mr O’Shea.
He said two of her sons, who don’t live with her, are offering to put up compensation for the damage caused.
Judge King was told that the injured parties have lost their no claims bonus after claiming from their insurance company, due to the damage to their car.
‘Let’s be realistic, she has started at the high end of offending despite having no previous convictions and it warrants a custodial sentence,’ said Judge King, who added that it would be a good idea if the local authority could rehome her.
Gda Dineen said that Cork County Council are aware of the incident.
Judge King sentenced her to six months in prison but suspended it for two years in her own bond of €500 with no cash required.
He also attached conditions to that sentence, including that she pay €2,000 in compensation to the injured parties by January 31st.
She is also to stay away from their property and have no contact directly or indirectly by any means with them, or their immediate family.
The judge also directed her to apply to Cork County Council as soon as possible to be re-housed in a different locality and away from the injured parties and to pursue that application in a timely manner.
She is also to remain under the care of her doctor and any mental health professionals and obey their recommendations and take all prescribed medication. He also directed her to remain alcohol-free in public.
