A man who breached a protection order, which his mother had taken out against him, was sentenced to three months in prison at the holiday sitting of Castlebar District Court on Wednesday.
At a court sitting earlier this month it was outlined by his mother, Amy Moran, that on July 12 2013 she was at home (9 Chestnut Grove, Westport ) when her son Damien McGrotty, of no fixed abode, appeared at her open kitchen window. He said to his mother that he needed a bill as proof of address so that he could collect his money. Ms Moran told him to get away and she said that he then jumped in the window. She said that she went upstairs and tried to get into the bathroom so that she could lock herself in, however he blocked her entrance to the bathroom.
Ms Moran said that she then went downstairs and tried to get out the front door, however she said her son then blocked her exit. She went to the kitchen where the window was open and shouted for help. She told the court that McGrotty then closed the window tight. As she made her way to the back door she saw a letter with an address on it and told her son to take it. He then left and she contacted gardaí.
The following day, gardaí had arranged to call to her house to take a statement. Just before gardaí arrived she unlocked her side entrance and saw the feet of her son lying on the ground. She knew that he was sleeping beside the house. When gardaí arrived she told them he was there.
Garda Paul Lafferty said that on arriving at 1.15pm he observed Ms Moran in a distressed state and said that she was pointing at the side entrance to the house. Garda Lafferty said that he saw the defendant try to enter the property through a side gate towards the rear of the property. McGrotty was arrested and was remanded in custody.
Ms Moran told the court that she is “a nervous wreck with him” and said he is “never sober”, but she said that her son had “never laid his hands on me”. She told the court that her son has been living rough around her premises. His solicitor Evan O’Dwyer said that his client had slept in a wheelie bin at his mother’s property but had never entered the house to go to sleep.
McGrotty told the court that he had been sleeping out the back of the house for a couple of weeks, “but she knew that I was there”. He denied breaking into the house or blocking her. He said that he stood at the bottom of the stairs and was in the house for five minutes.
When asked if he breached the protection order he replied: “I don’t know, I can’t recall.” The defendant said there was no need for a protection order as “I love my mam”, “that’s it, full stop.”
Judge Conal Gibbons said the defendant was in breach of the protection order on July 12, but said there was not sufficient evidence for the second date.
The court heard that McGrotty has 18 previous convictions—10 in Northern Ireland and eight in the Republic.
Judge Gibbons told the defendant that he was giving him a chance but if McGrotty breached it he would come back before him. He remanded McGrotty on continuing bail to August 28 for a community service report. At this week’s sitting the court heard that the defendant is currently serving a prison sentence. McGrotty breached the order on August 10 and was brought before a special court sitting on August 11 where he was given a nine month prison sentence, suspended for six months; directed to stay out of Westport for five years; in particular not to go 500 metres near Chestnut Grove.
Judge Gibbons convicted and sentenced him to three months in prison to run concurrently with the prison sentence he is already serving.
