Richard O'Brien a free man, for now, amid warning prison not the right place for him

Kerry man O'Brien, 53, who has almost 550 convictions, has spent 35 years in and out of prison, where he 'dries out' from alcohol only to reoffend when he gets out

Richard O'Brien: In recent months, O’Brien’s appearance before Judge Mary Dorgan in Cork District Court led to the judge telling defence solicitor Shane Collins-Daly that the number of his previous convictions 'has to be a record'. Picture: Hany Marzouk

Richard O’Brien walked out of the Midlands prison on New Year’s Eve a free man — for the time being at least.

He was serving time for offences in Cork and Kerry, including a five-day sentence handed down in Tralee District Court last October 16 for intoxication in a public place. That sentence was the latest of 548 convictions picked up by O’Brien, 53, one of the country’s most prolific serial offenders.

O’Brien, from Killarney, Co Kerry, was first convicted on November 1992 at a sitting of Killorglin District Court for common assault and malicious damage. He was 18.

He would spend the next 35 years in and out of prison for a litany of offences including public order, burglary and theft.

In recent months, O’Brien’s appearance before Judge Mary Dorgan in Cork District Court led to the judge telling defence solicitor Shane Collins-Daly that the number of his previous convictions “has to be a record”.

O’Brien pleaded guilty on that occasion to being drunk and a danger and engaging in threatening behaviour during a recent incident in Cork City. The two charges brought to 546 the number of convictions he has amassed in his 53 years. Since that day in July, he has built up a further two.

In his defence, Mr Collins-Daly told the court: “He says his life was ruined by drink going back a long time. He lost six members of his family 27 years ago in a road traffic accident.” 

Killarney based solicitor Padraig O’Connell, who has represented O’Brien for decades, says prison is not the place for people like his client.

What it does do for him is that it allows him to dry out. And he has a fantastic family, a very loving family, a very caring family, a very decent family. They are exceptionally supportive of him.

“I could say nothing against him expect that he doesn’t seem to be able to beat the absolute dependency on alcohol.”

The Irish Penal Reform Trust is calling on the new government to look at the use of community sanctions to help lower reoffending rates.

Its research has found people imprisoned for short sentences often have the highest rates of reoffending following their release.

“It is well-documented that short sentences offer limited scope to engage in some of the positive rehabilitative services available in prison such as addiction services, psychology and training programmes.

“On the other hand, community sanctions, which are sentences served in the community, often have lower reoffending rates, are less damaging than prison, are less costly, and provide benefits to the community,” said the trust’s executive director, Saoirse Brady.

It says sentences of 12 months or less can have a “disproportionate impact” on an offender and their “path towards desistance, when contrasted against equivalent community-based sanctions”.

According to the Irish Prison Service, there were 4,975 individuals in custody last September 30, of which just 1,642 (33%) were in custody for the first time — meaning two thirds of the prison population were repeat offenders.

Figures released by the CSO in October found 62% of those released from prison in 2018 had re-offended within three years.

Those who had served custodial sentences relating to public order offences (77%) or damage to property and to the environment offences (76%) were most likely to be convicted of a reoffence within three years of being released.