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18 Aug 2022

No show to appeal jail for damaging car

no compensation

No show to appeal jail for damaging car

A 26-year-old man given jail for failing to pay compensation two years after damaging a car in Portarlington failed to turn up in Portlaoise Circuit Court recently to appeal the sentence.

Martin Brady (26), with an address at Foxdene Drive, Clondalkin, was convicted of criminal damage at Portlaoise District Court in September last.

In the district court, Sgt JJ Kirby gave evidence that on August 29, 2017, there was a disturbance at Waterfront Apartments, Portarlington. The accused was found in the road with no shirt on, shouting and roaring.

He was extremely intoxicated and cannabis herb was found on him.

It subsequently was discovered that he had caused damage to a car in the vicinity, with CCTV footage showing him kicking the doors of a car.

The accused had seven previous convictions, including four public order matters and two for drugs.

Defence, solicitor Mr Barry Fitzgerald said that while €1,700 was owed, regrettably the accused had no compensation in court.

Judge Catherine Staines noted that the accused had saved nothing in the last year to meet the compensation.

Sgt Kirby confirmed that the injured party had no insurance and received no compensation.

Judge Staines noted that the offence had happened two years ago and the accused had initially pleaded not guilty, only pleading guilty on the day of the hearing.

He then failed to turn up in court and was subsequently arrested, and one year later he still had no compensation.

The accused was sentenced to three months in prison, with recognisance fixed in the event of an appeal.

Judge Staines also directed that €1,000 compensation go to the injured party from the court poor box.

The matter was subsequently listed for appeal at the recent sitting of Portlaoise Circuit Court, but the appellant failed to turn up in court.

In that event, Judge Keenan Johnson struck out the appeal and affirmed the district court order of three months in jail.

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