Corkman hoping to avoid jail for ripping tiles off elderly widow's roof at three in the morning

The original court hearing was told that Anthony Rutherford had climbed up on the roof to get away from people

Cork Circuit Appeals Court heard that the appellant had done a lot to put his life on a better footing. File picture: Larry Cummins

A Cork man who caused a 79-year-old widow "torment and torture" by ripping tiles off her roof at 3am in the morning hopes that his jail sentence will be suspended on appeal if he stays out of trouble between now and January 2024.

Anthony Rutherford’s barrister, Nikki O’Sullivan, said at Cork Circuit Appeals Court that the appellant had done a lot to put his life on a better footing.

“He is in a very different place now. He remains under psychiatric care. He has paid €1,000 compensation and he has not come to adverse garda attention since this occurred,” she said.

Ms O’Sullivan said previously: “It is acknowledged that it was a very distressing incident for the victim but he was in a very dark place at the time.” Judge Helen Boyle said that in the circumstances she would adjourn the appeal again until January 26, 2024, warning: “He is to stay out of trouble until then."

At Cork District Court, 51-year-old Anthony Rutherford — previously of Comeragh Park, The Glen and Lus Na Meala, Banduff, Cork — was sentenced to eight months in prison on a charge that on October 17, 2021, he damaged €1,000 worth of roof tiles at a house at Fir Grove, Riverview Estate, Ballyvolane, Cork. 

Rutherford gathered over €1,000 compensation for the householder.

Sergeant Pat Lyons said at the original case that after 3am on October 17, 2021, the 50-year-old spent 20 minutes on the roof.

Defence solicitor, Frank Buttimer, said at the district court: “Strange as it may seem people were pursuing him. Having run away he climbed up on the roof to get away from them. When the gardaí arrived it would have been better for Mr Rutherford to go down but now he is worried about them and he is anxious to get away from the guards.

He always said he was being pursued and that he took the tiles to protect himself from the people down below.

Judge Olann Kelleher asked: “Can I just be clear — he is saying he was pursued and went up on the roof of this 79-year-old woman and he took tiles off to protect himself from the people pursuing him?” Mr Buttimer confirmed that this was what the defendant was saying.

Judge Kelleher said: “I have read the victim impact statement from this 79-year-old widow living in Riverview estate in Ballyvolane. At 3.10am, this man gets up on the roof and takes tiles off the roof. He might have been concerned for himself. He had absolutely no concern for the owner of the house. 

"She says, ‘The memory of the noise that night will haunt my thoughts. I only sleep now in the safety of daylight. I now rely on my children more and more. I have an increased sense of dependency. I feel I have become a burden for them all’.

“This man has taken all that away from her. I do empathise and sympathise with how she feels at her age or any age.” 

The judge noted that Anthony Rutherford suffered from anxiety but also that he had previous convictions for causing criminal damage and burglary.