This article is from page 22 of the 2013-02-26 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 22 JPG
A WHEELCHAIR bound amputee who admitted arson at a nursing home in Killaloe almost three years ago has been ordered to cooperate completely with any support pro vided to him by the Health Services Executive (HSE).
James Sherlock (24), whose life was described as a “living hell”, pleaded guilty last Wednesday to causing arson at the Lakes Nursing Home, Killaloe on August 20 (2010).
At his sentencing hearing on Thursday, Ennis Circuit Criminal Court heard that Gardaí and members of the Fire Services were called to the private nursing home on the outskirts of Killaloe to deal with a fire started by the accused in his locked first-floor room.
Staff and all residents were evacuated after the fire which caused € 5425 worth of damage.
The court heard that the damage was confined mainly to Mr Sherlock’s room.
A 94-year-old resident died on the same night. A post mortem later showed that Margaret O’Gorman died from natural causes.
An inquest in December 2011 heard there was no evidence that her death was related to the fire.
A garda who attended the scene was hospitalized for smoke inhalation, the court heard.
Detective Sergeant Oliver Nevin, of Killaloe Garda Station, told the court it appeared the accused gath- ered materials and stuffed them under his wheelchair before setting the chair alight.
Det Sgt Nevin said Mr Sherlock escaped un-injured after managing to get out of the chair and crawl to an en-suite bathroom.
The court heard that in a subsequent interview, Mr Sherlock told gardaí he set fire to his bedclothes with a lighter after drinking neat vodka. He said it was an accident and that he had been in a bad mood.
Counsel for Mr Sherlock, Pat Whyms BL, told the court that his client had his right leg (from his right knee down) amputated six weeks prior to the fire. He said the procedure had been necessary because of an “historic heroin addiction.”
Mr Sherlock is now on a methadone programme, the court heard, and no longer takes illegal drugs.
Mr Sherlock previously lived at 16 Childers Road, Ennis and has been a resident of the Redwood Extended Care Facility, Stamullen, Meath.
The court heard he is currently residing at his father’s house in Ennis. The court heard he has 34 previous convictions.
Mr Whyms said his client has been in a wheelchair since 2008 and needs daily assistance. He said Mr Sherlock’s wounds must be dressed every second day.
He said that on the night of the fire, his client’s state of mind was one of “general despondence and despair.” He said Mr Sherlock had placed himself most at risk by starting the fire in a locked room.
Mr Whyms added, “It appears to have all the hallmarks of – if not a suicide attempt – at least a cry for help rather than an attack on other people or property.”
Mr Whyms told the court that a prison sentence would have an extraordinary effect on Mr Sherlock, adding that it would damage the progress he has made.
He said a prison sentence should be a last resort. “In terms of punishment, this man’s life is a living hell,” he added.
Judge Gerard Keyes said the loss of a limb is very difficult to cope with both mentally and physically.
He said it may explain, but not justify, why Mr Sherlock’s “mind would have been clouded and not rational” on the night.
Judge Keyes said he regarded the offence as “very serious” due to where it occurred and the risk posed to other people.
He ordered a report from the Probation services and also directed the HSE to set out what supports could be put in place for Mr Sherlock, in prison and outside.
Judge Keyes also requested “concrete information” on the likelihood of Mr Sherlock re-offending.
He said that if suitable structures are available, then it would be to the benefit of society and Mr Sherlock not to impose a custodial sentence.
Judge Keyes told Mr Sherlock he must fully cooperate with the HSE and Probation Services. The case was adjourned for mention to April 9.