independent

Saturday 21 September 2019

Man contravened barring order taken out by his mother

A YOUNG man was given the benefit of the probation act for breaching a barring order taken out by his mother.

Eoin Sherry (20) of Ballysheen, Carrick, Wexford admitted contravening an interim barring order at Ballysheen, Carne, Broadway on December 11, 2011.

He was charged with breaching the order by calling to the dwelling house and banging on the windows and doors, putting the occupants in fear.

The interim order was granted at Gorey District Court two days earlier.

Tim Cummings, solicitor said the case arose from a barring order taken out by his mother from whom he is estranged.

Mr. Cummins said this was the second breach as his client got himself in trouble in March of this year by not adhering to a condition that he remain alcohol and intoxicant free.

Garda David Fitzgerald said that two days after the barring order was granted, the defendant's mother telephoned to say that he had come around for the purpose of getting clothing.

When the gardai arrived, he was gone.

Garda Fitzgerald rang the defendant and arranged to meet him. He was very co-operative, he said. In reply to Mr. Cummins, Garda Fitzgerald said he did not seem to understand what the barring order entailed.

He had only one previous conviction, for a public order offence in September 2011.

Garda Fitzgerald agreed with Mr. Cummins that the defendant was 'a little bit naive'.

'I believe he was there for the sole purpose of obtaining clothing and he just didn't comprehend the full provisions of the barring order,' he said.

'I'll apply the probation act but he knows about it now,' said Judge Gerard Haughton.

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