A TOGHER man who was prosecuted for trespassing outside the back door of a house on a dark night was only there in order to avoid a drugs search.
That was the explanation he gave for a trespass charge which gave a householder a fright in her home last Christmas.
Joe Molloy, of Vicars Road, Togher, pleaded guilty to trespassing on the curtilage of a property in a manner likely to cause fear in the occupants of the house just before 11pm on December 28 last. Sergeant Gearóid Davis said at Cork District Court that gardaí at Tramore Road, Togher, found Joe Molloy hiding behind one of the bins at the back of the house. No entry was gained to the premises.
Judge Olann Kelleher said that from the householder’s point of view, “A man appears at the back door and he frightens the life out of her. 10.50pm and he was trying to get in the back door in the middle of winter.”
Mr Buttimer said Joe Molloy was not trying to get into the house on the night.
“One wonders why he would be in the back yard of someone’s house.
“And his explanation does him no great favours. He says he had a small amount of cannabis. Then he puts himself in hot water when he runs to the back of the house (to avoid gardaí he saw in the area). I have to put it in that context.
“He is putting his hands up to explain why he did what he did. If he stood his ground he would have a (drugs possession) offence as opposed to a trespass charge,” Mr Buttimer said.
Judge Olann Kelleher said the accused could do 200 hours of community service instead of going to jail for five months for the crime.