This article is from page 10 of the 2011-12-13 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 10 JPG
A KILLALOE man has received a three-month prison sentence after failing to pay compensation for his part in a burglary in the town in January.
James Tuohy (23) with an address at 21 Clarisford, Killaloe, was convicted at a sitting of Killaloe District Court in Ennis last week.
Tuohy and a co-accused, Vincent O’Reilly, had been ordered to pay compensation after both men were involved in the burglary of the Celtic Cat Jewelery Shop in January.
O’Reilly (21) with addresses at 4 The Rise, Cullenagh, Ballina, Tipperary and Fossabeg Scariff, did pay compensation and received a suspended sentence.
Solicitor for Tuohy, Tara Godfrey said her client would be in a position to pay compensation in a week’s time.
She said a change of address had lead to a delay in the receipt of a social welfare payment.
She told the court that at the time when the burglary was committed, Tuohy had been going through a “very traumatic” period due to his family circumstances.
She explained that he had attended the services of consultant psychiatrist and been prescribed medication. She described her client as a “very vulnerable young man”.
She said that Tuohy wanted to pay compensation but apart from social welfare payments, he did not have access to any other form of financial support.
The court heard that on the day of the burglary, Tuohy had taken medication and drank cans of Budweiser.
“He appears to have committed the offence when he was of an unstable mind”, added Ms Godfrey.
The court heard that Tuohy received a suspended sentence in December (2010) for a public order offence.
Judge Aeneas McCarthy said that Tuohy had committed burglary and been ordered to pay compensation, “He either pays it or he doesn’t”, he added. He noted that the accused “has convictions going back to 2008”.
He convicted Tuohy and imposed a three-month prison sentence. Judge McCarthy added that he would not impose the suspended sentence handed down last December. Recognances were fixed in the event of an appeal.
Solicitor for O’Reilly, Christopher Lynch told the court that his client was in a position to pay compensa- tion.
He said that since the offence was committed in January, his client has moved away from Killaloe.
He said O’Reilly did have issues with drink and drug abuse but has now sorted his life out and has enrolled in an adult education course in Nenagh.
“He’s keeping himself out of difficulty”, Mr Lynch told the court.
Judge McCarthy convicted O’Reilly and imposed a six-month prison sentence.
He suspended the sentence for a period of two years on condition that O’Reilly be of good behavior.