This article is from page 54 of the 2013-11-26 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 54 JPG
A MAN with a crippling addiction to alcohol who was found in an Ennis pub “rummaging” for food has been sentenced to five months in prison.
Judge Patrick Durcan told Mark Whelan that while he had some sympathy and regard for him, he couldn’t continue to make a “nuisance” of himself in Ennis.
Sentence was passed after the accused’s solicitor requested the court send her client to prison for his own benefit.
At Ennis District Court on Wednesday, Mr Whelan (39), with addresses at Laurel Lodge, Ennis and Kinocra Apartments, Shannon, pleaded guilty to trespass at the Cloister Bar, Abbey Street, Ennis on October 18.
He also pleaded guilty to public intoxication at the Old Ground Hotel, Ennis on October 21 and Finian Park, Shannon on October 28.
Inspector Tom Kennedy said the accused was found by staff in the kitchen area of the Closter Bar and Restaurant “rummaging” for food.
The court heard Mr Whelan was found lying on the ground at the rear of the Old Ground Hotel in a very intoxicated and unresponsive state.
On October 28, Insp Kennedy said, gardaí in Shannon received a report that Mr Whelan was in a very drunk state in the Finian Park area of the town. Insp Kennedy told the court the accused has 87 previous convictions, that consist mainly of public order, theft and trespass offences.
Defence solicitor Tara Godfrey said the court was very familiar with Mr Whelan and his background. She said her client was released from prison on October 18 but had been unable to access addiction treatment services.
“Mr Whelan has got to a point where alcohol has completely clouded his judgment”, she added.
Ms Godfrey urged the court to impose a custodial sentence similar in length to a residential treatment course for addiction.
Ms Godfrey said her client has come to accept that he must spend a period of time in prison before he is in a fit condition to receive treatment for his alcoholism.
Judge Patrick Durcan said he had the greatest sympathy for Mr Whelan and the difficulties he has experienced in his life.
However he said he also had sympathy for the businesses affected by the accused’s behaviour. He sentenced Mr Whelan to five months in prison and imposed fines totaling € 300.
Judge Durcan said the court had shown Mr Whelan leniency in the past and had a certain regard for him. “But I’m not going to have making a nuisance of yourself around the town,” he added.
Judge Durcan also directed Mr Whelan receive appropriate medical treatment in prison.
Judge Durcan refused Ms Godfrey’s application to backdate the sentence to cover time spent on remand in custody.