A homeless alcoholic, who had been “an absolute menace” to members of the public when drinking in a bus shelter, was given the chance not to serve a two month sentence by staying off drink; however, if he fails he could face an even longer spell behind bars.
Michael Carney (52 ) with an address at Fairgreen Hostel, Galway, appeared at Galway Circuit Court last Tuesday to appeal a two-month sentence which had been imposed on August 19, 2008, at Galway District Court for the offences of being intoxicated in a public place, threatening and abusive behaviour and for failing to obey Garda orders.
The court heard how on August 15 at around 5pm the appellant was one of a group of people drinking alcohol at a bus shelter in Eyre Square and refused to leave when gardai arrived on the scene. It was also stated that there were elderly people and children in the area and that there were complaints that people were unable to access the bus shelters due to Carney’s behaviour and were left standing in the rain. When gardai placed handcuffs on him Carney repeatedly abused gardai and said: “I don’t give a f*** about Mary Fahy [District Court Judge]”.
“There was no mention of me,” quipped Judge Raymond Groarke.
The court then heard that the appellant had a number of previous convictions which included public order offences, drink driving, and an assault.
Carney’s barrister, Brendan Browne, explained how his client had “chronic alcohol difficuties” but has “decided to attempt to get his life back on track” instead of “using alcohol as a crutch”. Mr Browne then said that Carney is now attending counselling and various clinics. Mr Browne added, “if incarcerated it will interfere with a treatment programme that has been set up for him”.
State solicitor Willie Kennedy told Judge Groarke that there were identical offences that occurred in the same place which were taken into consideration.
“This man is an absolute menace. Is he trying to drive tourists out of Galway? Has he any idea of what he is doing?” asked Judge Groarke, who then asked what was the maximum penalty that can be imposed for such offences. He was told that the maximum penalty was three months for threatening and abusive behaviour and six months for failing to obey a garda’s orders.
“The last thing Galway needs is this man intimidating and frightening people,” said Judge Groarke.
Judge Groarke adjourned the matter to January 13, 2009, but strongly warned Carney that if he is seen by gardai in a public place with “a drop” in him he will get the maximum penalty. The judge then gave Carney the chance to withdraw his appeal and serve the two months. However, Carney declined the offer, deciding instead to take his chances and try to remain off drink.
