Mother says she was in fear of son who accessed her Cork home through an upstairs window

A woman told gardaí she was put in fear when her intoxicated son climbed a drainpipe to get in to the family home through an upstairs window but he testified during his bail application in court that this was how everyone in the house got in after the front door was locked at night.

Judge Mary Dorgan had doubts about this explanation and commented: “I don’t know anyone going into their house through upstairs windows.” 

The accused man said at an in-camera (private) hearing of Cork District Court: “I promise you – that is what happens if the door is closed downstairs.” 

Garda Shane Halligan said that while it was not alleged that the trespass was aggravated, one of the matters that made it of more serious concern was the fact that there was an infant asleep in the house at the time and that the accused was not welcome and had no permission to enter because of his addiction difficulties.

Garda Halligan said the defendant’s mother had renewed the protection order she has against her son under the Domestic Violence Act.

“He has ongoing addiction issues and a turbulent lifestyle. Out fear is that there is a real risk he will interfere with the injured party and the rest of her family,” 

Garda Halligan said.

The judge indicated that she was going to refuse bail on the charge of trespassing at the family home at 9.30pm on April 22.

Solicitor Frank Buttimer called the 33-year-old defendant to give evidence in his bail application. 

“I was living in my mother’s house, it was her idea,” he said. Garda Halligan said this was disputed.

Mr Buttimer asked the accused if he was surprised that the guards arrested him. 

He replied: “I was shocked.” 

The defendant then said to the judge: “Please give me one more chance, I really want to get this working, I really do. I am trying to change.” 

Judge Dorgan refused bail and remanded him in custody until April 30. The accused said: “It is not fair.” 

As he was being escorted from the courtroom by a garda, he began to resist violently and four gardaí eventually managed to remove him to the custodial area as he made threats to harm himself.