Sergeant John Kelleher told Judge Olann Kelleher at Cork District Court that when the woman went out into her garden to find her cat early in the morning she got a fright to find her son asleep in the shed.
Garda Senan Dormer arrested the 37-year-old and charged him with breaching a protection order by putting his mother in fear by getting into her shed.
“If I wanted to put her in fear I would bang on the door saying ‘let me in’. I texted her (about staying in the house). She said no. I went up. I stayed in the shed. It was freezing cold. Jesus, what is the big f***ing deal?” he asked.
The defendant’s mother said, “I am terrified of him when he is taking drugs. He was shouting in the letterbox at 5am.”
That was the evidence on his first court appearance. However, he pleaded guilty to breaching the protection order yesterday.
Diarmuid Kelleher, solicitor, said the defendant texted, asking could he stay in the house and when this was refused he climbed in a window of the shed and did not even see his mother on the night.
Mr Kelleher said that even the victim impact statement made it clear that the defendant had never put his mother in fear by making any kind of threats against her but that she experienced fear as a result of his drug addiction.
Mr Kelleher quoted the complainant from her own victim impact statement yesterday, saying, “He has never threatened me physically. It is the mental anguish I suffer with.”
The solicitor said the defendant would acknowledge that his mother had been very good to him over the years but that, unfortunately, he suffered from a serious heroin addiction.
Judge Olann Kelleher imposed a four-month sentence on the defendant at Cork District Court yesterday for the breach under the Domestic Violence Act on March 18.