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‘Reputable chef’ lucky not to get prison sentence E-mail
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Wednesday, 25 July 2007
A ‘reputable chef’ convicted of assault under section 2 of the Non-Fatal Offences Against the Person Act 1997, was told by Judge McLoughlin that he was lucky not to be going to prison.

Thomas Costello (27) of 10 Garveys Close, Longford, was charged with assault, criminal damage, public drunkenness and threatening behaviour in a public place.

Sergeant Mary A Donoghue of Oranmore Garda Station told the court how she received a call from Jason Sheehy on 4 April last. Mr Sheehy, who was at work in the Harvest off-licence on Prospect Hill at the time, had received a warning from a friend that Mr Costello was on his way to his place of work.

When Garda Donoghue arrived at the scene Mr Sheehy was holding the defendant, surrounded by broken bottles and cigarette packs. Upon being cautioned, Mr Costello shouted, “I’ll get you; you’re dead.” He told the arresting Garda, “I went in there, I saved face, I hit him and I warned him.” The scuffle caused €200 in damaged goods.

The court was told that Mr Costello and Mr Sheehy met after Mr Costello became homeless and moved in with his girlfriend, who was sharing a house with Mr Sheehy at the time. Mr Sheehy objected to Mr Costello’s presence at the house, leading to his eviction, and this was the source of the argument.

Defence solicitor Valerie Corcoran told the court that her client had been a “very reputable chef” until his alcohol addiction went out of control. She added that he had become emotional after his relationship broke up and he became homeless, leading to the assault on Mr Sheehy, for which he was now remorseful.

Ms Corcoran said that her client was seeking help from addiction counselling services, and that all his urine tests since the time of the offence were negative of alcohol. He was of limited means and had saved up to pay €200 compensation to the owner of the off-licence, Mr Nigel Collins. She asked the judge not to impose a custodial sentence in view of her client’s attempts to get treatment for his alcohol problem.

The court was told of Mr Costello’s numerous previous convictions, which included public order offences and possession of drugs. Ms Corcoran again argued that all of these had been alcohol-related, and that Mr Costello hasn’t come to police attention since the assault on Mr Sheehy.                                

Mr Costello was convicted of threatening behaviour in a public place under section six of the Criminal Justice (Public Order) Act, and fined €250 with three months in which to pay and seven days in default. Judge Denis McLoughlin told him he was “getting close to a term of imprisonment” and that he would be imprisoned if he appeared before the court again. The public drunkenness charge was taken into account and Mr Costello was convicted of assault under section two, fined €50 and ordered to pay witness costs of €82 and €106 respectively to Mr Sheehy and the off-licence owner Mr Collins, who had attended court but left before the case was called.

Judge McLoughlin said Mr Costello’s behaviour had been inexcusable and that he had only imposed such a small fine to take into account the witnesses expenses. Mr Costello was given six months to pay, with seven days in default.
 


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