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Tuesday 25 June 2019

Drink driver sentenced to fifteen minutes in custody

A WEXFORD resident who was told he was lucky he didn't kill someone while drink driving was sentenced to 15 minutes in custody at Wexford District Court last week, where his brief period of incarceration at the back of the courtroom included an 'escape'.

Andreas Borouchinas (45), of 54 Melrose Court, George's Street, was charged with drunken driving at George's Street on May 8, 2009.

Ed King, for Borouchinas, informed Judge Patrick Clyne that the evidence in the case had been heard at an earlier date and a probation officer's report on the defendant was available to him.

' Thanks be to God there was noone else involved and he didn't kill someone,' said Judge Clyne, reviewing the case.

The judge also noted that Borouchinas has many previous convictions, including related offences, and said ' they all have one five letter word in common d-r-i-n-k'.

'Has he done anything to address his little problem?' asked Judge Clyne.

Mr King said that his client had not engaged with any treatment services, but had co-operated with the probation service.

Judge Clyne noted from the report that Borouchinas did not have the means to pay a fine so he would not impose one, but he also said that under legislation he would be required to impose a penalty that involved a custodial sentence.

However, luckily for Borouchinas the judge, when sentencing him to two years for the drink driving offence, ordered that all but 15 minutes of that sentence be suspended, thereby fulfiling the legal obligation.

Borouchinas was told he could serve his time, all quarter of an hour of it, sitting at the back of the courtroom in Ardcavan.

As he took his seat, Judge Clyne informed Mr King that his client now had the 'sword of Damocles over his head' and that if he didn't stay in touch with and co-operate fully with the probation service, in an effort to address his alcohol addiction, he would serve the considerable remainder of his two-year sentence in prison.

'From 2006 to now the one common denominator in all the times he's appeared in court is drink,' said Judge Clyne.

Imposing the sentence, Judge Clyne ordered that Borouchinas be sentenced to two months in prison, with all but the first 15 minutes suspended, and disqualified from driving for six years.

He was also bound to keep the peace for two years and to enter a probation and welfare bond for two years, during which time he must do everything he's directed to by the probation service.

However, when Borouchinas was called forward to sign those bonds there was no reply as he'd escaped from his unguarded seat at the back of the courtroom.

Mr King left the courtroom immediately to find his client and he did so almost immediately, returning to inform the Judge Clyne that Borouchinas, who signed and entered into his bonds, had just stepped out momentarily and had not made a break for it.

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