Man accused of burgling Cork house claims he was using it 'to get out of the rain'

The court heard that the defendant thought the house was unoccupied

The accused was remanded in custody until February 4. File picture: Larry Cummins

A 38-year-old man accused of causing criminal damage and burglary at a house on College Road in Cork in the early hours of Tuesday morning admitted his actions but claimed that he thought nobody was living there and that he would use it to squat during the cold weather.

There was a garda objection to bail being granted to Joe O’Sullivan of no fixed address.

He said: “I didn’t go in there to do any harm, I went in to get out of the rain.” Judge Mary Dorgan refused bail after it was established that the defendant would not be welcome to get into Cork Simon Community as a result of a previous failure to manage his alcohol issues.

Joe O’Sullivan was charged with criminal damage and burglary at the house on College Road at around 3am on January 28. The objection to bail was on the basis of factors including the seriousness of the alleged offence. He is on methadone for a heroin addiction.

Frank Buttimer, solicitor, said: “Mr O’Sullivan made certain admissions about his purpose. He acknowledged the offence. Whether it is in his interest to say it, the conceded unlawful entry was to get shelter from the bad weather. 

"It so happened that someone was downstairs. He had formed the idea that it was unoccupied.” 

Sergeant John Kelleher said: “It was not a derelict house, people were living there.” 

Garda Kian O’Sullivan testified that a man residing at the house on College Road said he disturbed Joe O’Sullivan who broke into the house and that the accused left the property. Garda O’Sullivan said the defendant smashed a window, reached in and opened a locked door to get inside.

The guard said that when he encountered the 38-year-old he noticed that his right hand was cut and there were shards of glass on his person at the time of his arrest.

He was remanded in custody until February 4. Solicitor Frank Buttimer asked if DPP directions could be given as soon as possible. He said it was clear from the evidence that the accused would be pleading guilty to the charges.