AN Innishannon man described as a ‘menace’ to his neighbours after being convicted of two counts of trespass has had the final six months of his 20-month sentence suspended on appeal.
Brian O’Sullivan of Rathnaroughy, Innishannon appeared at the Circuit Court appeals sitting at Bandon District Court.
He was appealing the severity of the sentence which he received in the District Court for the offences, which occurred on August 1st and 9th last. Barrister Peter O’Flynn BL, instructed by solicitor Cillian McCarthy, said Mr O’Sullivan is a chronic alcoholic but has family support.
‘He is accepting his situation. His father is trying to arrange for him to enter Bruree when he is released,’ said Mr O’Flynn, who asked the court to suspend part of consecutive sentences provided he goes into residential treatment on his release.
However, State solicitor Jerry Healy said Mr O’Sullivan had made promises and guarantees in the past to the court.
‘There is no polite way to say this, but he is a menace to his neighbours in Innishannon,’ said Mr Healy.
Judge Dara Hayes was told that Mr O’Sullivan had entered the house of a 87-year-old next door neighbour.
‘She woke up and he was around the house and it caused huge distress to her. On the second trespass, an elderly woman and her son saw him in her bedroom as they drove into their property as he was wearing a hi-viz jacket and the lights of their car caught the reflection,’ said Mr Healy.
He said there must be a clear undertaking from Mr O’Sullivan that he will stay away from his neighbours and that he also needs to go to rehab.
Judge Hayes said these are clearly serious offences and that the people of Innishannon and his neighbours are entitled to live in their homes in peace.
‘No woman should arrive home to face that situation and it must have been a terrifying experience for both elderly women,’ said Judge Hayes.
He suspended the final six months of his 20 month sentence on condition that Mr O’Sullivan keep the peace, be of good behaviour, and commit no offence for a period of 12 months.
The judge also directed him to place himself under the supervision of the probation services, attend all appointments, follow all directions, and attend an addiction counsellor which is to include residential treatment.
‘He is also to stay away from any resident or property in Innishannon unless invited to do so by prior invitation. He is also not to have contact, direct or indirect with the injured parties.’
Judge Hayes told Mr O’Sullivan that he hopes he takes this opportunity to address his issues. ‘Your life will be better, and more importantly, the lives of people around you will be better, if you take these steps.’
