A student facing drunken, public order charges for the second time in a month, left court again without a conviction after the judge reluctantly agreed to adjourn a final decision on sentencing until next October to see if the defendant's behaviour improves.
John Gilna (18 ), from Esker, Ballinalee, Co Longford, a first year civil engineering student at the AIT, was arrested in the early hours of February 19 on Church Street for his part in a drunken, abusive altercation from which he refused to go quietly.
The court heard how Gilna had been convicted for similar offences in the same court on February 11, for which he received the Probation Act.
On that date, Judge John Neilan told him: “Fifty years ago, if I was told to go home and I didn't, I'd get a root up the backside”.
This week, Judge Timothy Lucey described this repeat offending in such a short period as “troubling”.
“Lots of students get up to lots of things but cop on at the last moment,” he said.
“He has an attitude problem. Once is understandable but if you find yourself twice in court, something's wrong.”
Defence solicitor, Mr Padraig Quinn, sought a referral for his client to the Probation and Welfare Services (WPS ).
Judge Lucey then took a novel approach to sentencing and invited the prosecution to make a comment on whether Gilna deserved such a referral but was told by Inspector Nicholas Farrell that the arresting officer, Sgt McNally from Moate was not present in court.
“Your reputation is a very serious thing. Once you have them [convictions] you have them for ever,” said Judge Lucey.
Mr Quinn suggested adjourning sentencing for six months to see if his client's behaviour could improve and the judge agreed.
“If the Guards find him scutting, or whatever you call it, he's got to be well behaved and everybody knows what that means,” said Judge Lucey.
He told Gilna if he made a €300 contribution to the court's poor box, signed a peace bond and didn't come to the attention of Gardai between now and October 14, he would strike out the charges on that date.
