Innishannon man who trespassed in neighbours’ gets 20 months in jail

AN Innishannon man who broke into two of his neighbours’ houses while out on bail causing deep distress to them has been sentenced to 20 months in prison.

Brian O’Sullivan (38) of Rathnaroughy, Innishannon pleaded guilty at Bandon District Court to two charges of trespass as well as two charges of being drunk in a public place.
He appeared in court in custody having previously been denied bail because one of the offences was committed while out on bail.

Insp Emmet Daly told the court that on August 1st last a man reported to gardaí that he saw the defendant trespass on the curtilage of his property while his mother was
asleep.

‘He knew the man to see. When gardaí arrived they found Mr O’Sullivan stumbling on the road having made his way out of the property. He was arrested for trespassing and being drunk in a public place,’ said Insp Daly.

The court heard that seven days later, Gda Brian Blake was on mobile patrol in Innishannon when he saw Mr O’Sullivan lying down on an alleyway with several empty beer cans around him.

‘He was asleep. Gda Blake woke him up noticing that there was strong smell of alcohol coming from him while his speech was slurred. He was arrested for a breach of the Public Order Act.’

The second trespass incident took place on August 9th last at 10.30pm when gardaí received a report of a possible burglary in Innishannon.

‘The injured party and her son saw him in the bedroom of their home as they were coming back into their yard. He was wearing a hi-vis jacket as the lights of the car caught the reflection of it. She took pictures of him and then called the gardaí.’

When the gardaí arrived at the property, Mr O’Sullivan had already left but following a search they found him crouching in the rear garden of his own house.

Insp Daly said that the injured parties are neighbours of the defendant. They didn’t meet him in the house but it was particularly distressing for the woman as she had lost her husband.

The court heard that the defendant has  six  previous convictions including trespass, criminal damage and public order offending and has matters also under appeal.

Solicitor Cillian McCarthy said his client was highly drunk and has no recollection of events. He handed into court two letters of apology for both injured parties.
In the letters, the defendant apologised for his actions as well as causing these people distress. He said his memory is ‘vague’ as he had been drinking heavily. He said he plans to attend a treatment centre for his alcohol addiction.

‘That may be of comfort to them, but I’ve heard it all before,’ said Judge McNulty.

‘He has caused deep distress for his neighbours and it’s not the first time. He is unreliable while he remains addicted to alcohol.’

The judge said Mr O’Sullivan’s drinking and sobriety is a matter entirely for himself but his offending is a matter for the court.

‘These offences were committed at their homes and to violate the homes of others is a grave matter and it’s a violation of one’s constitutional rights.’

The judge also noted that these offences were committed while the defendant was out on bail and he sentenced him to 20 months in prison on the two trespass charges and refused to suspend any part of the sentences, but backdated the sentence to August 9th.

Recognisances were fixed in the event of an appeal in the defendant’s own bond of €100 but the judge also sought an independent surety of €9,000, with a third of that to be provided in cash. He also directed that neither of the defendant’s parents will be accepted as a surety.

‘His parents are broken and have done everything they can for him. I think they are blinded by love and not exercising sufficient practical supervision. 

He has an addiction to alcohol and has only one priority,’ said Judge McNulty.