A 36-year-old man, with alcohol and agression problems, has been given a final warning to obey his conditions of probation and to behave himself or face jail next time.
The Galway District Court heard on Monday that a report read by Judge Mary Fahy advised that Shane Barry of 143 Fear An Ri, Ballybrit, did not feel constrained by the conditions imposed by the court, that his tendency towards aggression had increased, and that imposing a monetary penalty could help to make him think twice before causing a nuisance around Galway city.
Barry appeared in court charged with a number of public order offences which include failure to obey Garda orders at Quay Street on January 27, 2010, being intoxicated in a public place at Shop Street on March 9, 2010, being intoxicated and threatening and abusive behaviour at Dominick Street, on August 20, 2010, and being intoxicated and threatening and abusive behaviour at Upper Salthill on October 31, 2010.
Having read the report Judge Fahy noted that Barry has been given 40 hours of support a week with three different social workers, that he knows when he is breaching bail conditions, and that he seems to be reluctant to “putting his hands in his pockets” to pay for his misdemeanours. She added that the bail conditions were for Barry to stay away from the city centre and not to take alcohol, but that he has been found drinking in Salthill lately. Judge Fahy also said that she was particularly concerned about a “hint” in the report which suggests that Barry is “getting a bit more aggressive”.
Defence solicitor Valerie Corcoran confirmed that a lot of services have been provided for her client and that he “clearly needs constraints”.
Judge Fahy then warned that aggression towards anyone, including solicitors and social workers, is not acceptable. She added: “In view of what is in the report, the court has been taking his difficulties into account but in doing that all of the time I would be enabling him to go out and do it again... He now has to pay out of his own pocket.”
Inspector Mick Coppinger explained that Barry knows that there are conditions to remain out of the city centre and that there is a problem with him being “easily led”. He later warned that in future “we may not be as lenient”.
Judge Fahy then placed Barry on probation for 12 months on condition that he co-operates with the Probation Service, that he be of good behaviour, that he stays away from Galway city centre and Salthill after 6pm, and attend all appointments in a sober state and comply with all social and key worker requirements. Barry was also fined a total of €400 with four months to pay.
“There has to be sanctions on him and if he does not do what he is told he may end up in jail,” warned Judge Fahy.