Cork judge 'takes a chance' on homeless man in fear of being sent to prison

A homeless man who was brought before a recent sitting of Bantry District Court on a bench warrant over alleged thefts in Cork, Galway, and Mallow has avoided being remanded in custody after telling the presiding judge that he was in fear of being sent to prison.

Garda Joe Maher of Clonakilty Garda Station gave evidence of arrest, charge, and caution, telling the court that he arrested Kyle O’Callaghan, aged 29, of no fixed abode, at North Street, Skibbereen, at 4pm on July 9, 2025.

O’Callaghan was found lying in the road in a highly intoxicated state and could not stand.

Garda Maher said paramedics were called and O’Callaghan was deemed to be physically well, except for the intoxication. He was arrested for being drunk in public. It was then discovered there was an outstanding warrant for his arrest.

Garda Maher told the court that gardaí were objecting to bail as six warrants had been issued for O’Callaghan’s arrest in two years. 

The court was told he also had two convictions for failing to appear in court. The warrants all relate to the alleged theft of alcohol.

Solicitor Colette McCarthy, acting as agent for Frank Buttimer, said that O’Callaghan “implores the judge” not to send him to prison and promised to appear at his next court date if he was allowed “back on the street”. She said that he had a conviction for a serious matter in his past that had a major impact on his life.

Promised

O’Callaghan said he promised to turn up in court and would seek accommodation with the Simon Community in Cork city.

He said he was “very scared” and “very afraid” of being in a cell. The court was told O’Callaghan’s disability allowance was cut off when he was previously in prison, but he was in receipt of jobseeker’s allowance.

Judge Joanne Carroll said she was “going to take a chance” as she believed O’Callaghan was being honest. She told him she was trusting him to turn up in court, but if he did not do so, she would not trust him again.

On the bench warrant, he was remanded on bail in his own bond of €100 to appear at Anglesea Street, Cork, on July 15. O’Callaghan also pleaded guilty to being drunk in public in relation to the incident in Skibbereen on July 9.

The court heard O’Callaghan had nine previous convictions, including two for public intoxication.

For public intoxication, he was placed on a probation bond for 12 months on condition that he attends all probation appointments, attends alcohol addiction treatment, engages in counselling, and avails of training or work.

• This article is funded by the Courts Reporting Scheme.