Judgment reserved on man ‘who has struggled' in his life

A DISTRICT Court Judge has directed that a previous probation report on a man be furnished to the court before he decides on any penalty.

Judge John King was dealing with the case of Tadgh Tuschewski at Clonakilty District Court last week. Mr Tuschewski, of 3 Carraigrosa, Rossmore, Clonakilty, faced a number of charges including two for theft, two for trespassing, one for criminal damage and one for assault. His solicitor, however, said that his client is now ‘effectively homeless’.

Sgt Trish O’Sullivan said that the Director of Public Prosecutions has directed that most of the charges be dealt with by summary disposal.

Judge John King deferred accepting jurisdiction on an assault charge that occurred at Russagh Mill Hostel in Skibbereen on July 19th last because he wanted to see pictures of the injured party first, before accepting jurisdiction. Judge King remanded the accused in custody to appear at Clonakilty District Court on August 29th on that charge.

The most recent charges of trespass and criminal damage relate to incidents at a house in Ballyvackey, Clonakilty on August 14th and 15th last.

Sgt O’Sullivan told the court that on August 14th the owner of the house had been there the day before and it was intact.

‘When he returned the next day he noticed a small window forced in and cushions were moved and the shower was used. 

He checked the CCTV and gave the gardaí a description of the man,’ said Sgt O’Sullivan.

‘When he returned on the 15th the man had been there again and the frame of the window was damaged and he was out of pocket by €100.’

Sgt O’Sullivan said the defendant has 21 previous convictions, including two suspended sentences from Macroom District Court on May 1st.

Sgt O’Sullivan also told the court that on July 24th last Gerard Carey, owner of the Horse & Hound Bar on Townshend Street in Skibbereen, reported that a keg belonging to him was missing. CCTV footage showed Mr Tuschewski taking the keg and walking away with it.

‘He admitted it after caution, and there were others in his company,’ said Sgt O’Sullivan.

Mr Tuschewski also pleaded guilty to the theft of a wooden cash box from St Patrick’s Church in Dunmanway on March 1st last. 

The box – which stored the proceeds of the sale of The Irish Catholic newspaper – was worth €10 and had €2 in change in it.

‘Following the checking of CCTV footage he was identified and he later admitted the theft in an interview,’ said Sgt O’Sullivan.

Solicitor Conrad Murphy said his client comes from an extremely troubled background and has had to fight all his life.

‘He was homeless and he saw a light on and knew the house wasn’t being lived in and he went in and fell asleep. The following morning he went back there and damaged the window getting in.’

Regarding the theft of the beer keg, Mr Murphy said his client was drunk at the time and that the keg wasn’t tampered with.

‘He was homeless when he stole the wooden cash box and he was desperate and there was a small amount of money in it. He is a man who has struggled through life.’

Mr Murphy said that he knows his client has been given a chance before, but added that consideration has to be given to his troubled upbringing.

Judge King directed that solicitor Eddie Burke – who had previously represented Mr Tuschewski – should be contacted and asked to furnish the court with a copy of a previous probation report and he remanded him in custody to appear at Clonakilty District Court on August 29th.