A man who was before Ballina District Court on Tuesday for being threatening and abusive, intoxicated in a public place, and for criminal damage, was described by Judge Patrick Durcan as a “bowsie.”
Inspector Joe Doherty outlined that on June 26 2012 at 12.20am, a report was made to gardaí that Derek Humber, of 31 Tyrawley Terrace, Ballina, was intoxicated in Supermac’s. When gardaí went to arrest him he was aggressive and abusive.
On July 1 2012 at 11.30pm, gardaí were called to give assistance to ambulance personnel at the Lionbridge car park. Humber, who had facial injuries, refused to co-operate with ambulance personnel who were there to assist him. The defendant, who was in a drunken state, refused to get into the ambulance.
Humber also caused €565 worth of criminal damage in Supermac’s on July 2 2012. At 11pm the defendant, who was drunk, went to the takeaway where he assaulted a customer with a plastic tray and then abused the manager calling him a “f***ing Paki b*****d”. Trays were thrown at the manager and damage was caused to a coffee machine, chicken cabinet, and to steel trays. Gardaí were called to the scene and arrested Humber.
On July 3 at 5pm, on O’Rahilly Street, outside a bookies, gardaí who were on patrol observed the defendant shout at the general public. He was asked to leave the area but refused. Later that night, gardaí were called to Supermac’s where the defendant was intoxicated and was abusive.
The court head that Humber has 18 section four (intoxicated in a public place ) convictions, 50 section six (threatening and abusive ) convictions, and one section 2 (criminal damage ) conviction.
Humber told the court that he was “really sorry” for his behaviour. The single 28-year-old father of two, who is doing a FAS course, said that he has had a problem with alcohol since he was about 15 and has attended rehab and AA meetings.
Inspector Doherty said that he has to protect the people of Ballina and said Humber is a “scourge to the town”. The inspector said: “People like you can give a town a bad name” with such behaviour. Insp Doherty said to him: “Your previous convictions are a disgrace”and “when you are not drinking you are not a problem, but when you are drinking you are dangerous and abusive.” The inspector condemned Humber’s behaviour in Supermac’s towards the manager.
A letter which Humber wrote to the court was read out, which stated that “I am my own worst enemy” and he said that he “is renouncing alcohol”.
Judge Patrick Durcan gave him credit for his “touching letter”, but the judge said that Humber is a “serial offender” and the “nature of these offences are absolutely reprehensible.” Judge Durcan said that the “verbal onslaught” and “racist comments” made towards the manager of Supermac’s is something which the court notes “with the utmost contempt”.
Judge Durcan also said that Humber’s refusal to co-operate with the ambulance service was “absolutely reprehensible”.
Finally, the judge said “Ballina is a beautiful town” with “wonderful natural resources” and people are entitled to come to the town without coming across this “bowsie”.
Judge Durcan said that he was going to “remove him from alcohol and give him time to reflect” and he convicted and sentenced him to a total of eight months in prison and barred him from Supermac’s for 12 months. For being intoxicated in a public place he was convicted and fined €300.
The judge said that the message to go out is that that ‘bowsies’ who “are blind drunk disturbing gardaí, ambulance personnel, and customers” and making racist comments “will not be tolerated.”