Judge refuses to deal with case as man arrives at court drunk

A young man facing the prospect of his first jail sentence turned up in Cork District Court in such an intoxicated condition that his case could not be dealt with yesterday morning.

Both his solicitor and probation officer confirmed their view that Wayne O’Connell, of 162 Pearse Rd, Ballyphehane, Cork, was under the influence of some intoxicant at a packed courtroom 3 at the Anglesea St courthouse yesterday.

Eddie Burke, solicitor, said O’Connell, who is aged around 20, was never in prison before.

The young man was facing an application to have him found in breach of a community service order by not turning up to do the work. He faced the prospect of two months’ jail instead.

Judge Olann Kelleher asked the accused: “Are you under the influence of drink or drugs this morning?”

O’Connell replied, “No.” Then he added: “I was drinking last night.”

The judge asked him what time he stopped drinking.

“I can’t remember what time I stopped drinking at,” he said.

Initially, Judge Kelleher considered adjourning the case until after lunch and then decided to have the accused sworn into the witness box.

However, halfway through O’Connell’s attempt to take the oath the judge said: “I cannot hear that case.

“I am remanding him in custody until Monday.”

O’Connell was previously given the community service order of 200 hours instead of two months in prison. However, he failed to do the work, telling the probation officer that he was involved in a feud and was afraid to attend at the workplace on the south side of the city.

When the probation service checked O’Connell’s contention that he was involved in a feud on the south side of the city, gardaí disputed it.

The offence which brought the defendant before the court in the first place was one of engaging in threatening and abusive behaviour. Judge Kelleher will deal with the matter on September 8.