A mother of ten who had a bail application refused because of 22 warrants issued against her in the last two years, had a jail sentence for trespassing with a number of her children suspended in the District Court this week (December 15 ) when the judge heard of her dire circumstances.
Elizabeth Joyce (32 ) with an address c/o her parents in Farnagh, Moate but formerly of Ballymahon and Willow Park had been arrested on the morning of the court after failing to appear there on November 3 and 17, and through her solicitor, Niamh McLynn, immediately applied for bail.
However, when Judge David Anderson heard from Inspector Aidan Minnock that Joyce had been issued with 22 bench warrants for not appearing in court over just the last two years he declared: “There’s no way I’m going to give her bail again”.
Ms McLynn explained the November 3 absence because: “She says she was arrested in Tullamore that day”, and the November 17 no-show as: “She says her aunt is ill with cancer and she is caring for her”.
Pointing out that Joyce’s husband is presently serving a sentence, she said there would be concerns for the welfare of her children if her client was incarcerated. She acknowledged Joyce had a problem with heroin in the past but “has been clean since 2009”.
Inspector Minnock told the court how Joyce had been found trespassing in a vacant house in Kilmacoo, Athlone at around 8pm on October 29 with a number of her children.
“The defendant said she had nowhere to stay,” said Inspector Minnock, who told the court how Joyce had 40 previous convictions, 12 of which were in the last year.
“The offences would be a litany of petty theft,” said her solicitor.
“At the time her family had been evicted after voluntarily leaving a property in Ballymahon. She had a number of her children with her on the night, and they were briefly taken into care but were returned after her parents confirmed they’d take her in. The house was for sale, judge,” said Tony McLynn, who had taken over from his partner.
“I won’t impose a custodial sentence,” said Judge Anderson, as he suspended a four month prison sentence for two years.
