Sat, 02 Oct, 2021 – 15:08 Liz Dunphy
A man accused of following a woman into her home in a Cork seaside town while shouting “beautiful lady” received a suspended sentence.
David Kiarie, aged 21, first saw the injured party on Barrel St, Kinsale, on July 13 at 6pm, Bandon District Court heard.
The woman said that he put his arm around her and tried to kiss her. She reportedly said “go away”. But he barged in the door to her house, shouting “beautiful lady”.
Kiarie, of Flat 7, 12 Featherbed Lane, Kinsale, then reportedly got aggressive and put up his fists as if looking for a fight.
The woman warned him that she was calling gardaí and he left, the court heard.
The woman said she only knew him to see from the supermarket where he worked.
Another woman who witnessed the first incident on Barrel St said that she did not see the incident “as described’ and said that there was “nothing sinister or threatening” about his behaviour at that stage. She drove away before Kiarie tried to get into the house.
A second trespass incident was then reported when a man saw Kiarie standing in his garden talking to his two young sons.
When he went out to them, he saw his sons following Kiarie out of the garden.
Kiarie became hostile and abusive when confronted.
He failed to appear before court on September 19 for these offences.
Kiarie was then observed by gardaí in Church Square, Kinsale, on July 16 at 2.05pm.
He was in the middle of the road, very intoxicated, with slurred speech and was unsteady on his feet.
Gardaí were concerned that Kiarie was a danger to himself and traffic.
The court heard that Kiarie had 19 previous convictions in Kerry for offences including assault, criminal damage, theft, and public order but had escaped jail there.
Judge James McNulty said he had been lucky in Kerry but warned that West Cork would not be so lenient.
“It’s time to call a halt for David, it is time to set new boundaries,” Judge McNulty said.
“He’s in West Cork now and West Cork is different. We have very low tolerance for this behaviour.
“He has been very fortunate in Tralee and Killarney.”
Kiarie’s solicitor, Plunkett Taafe, said that his client’s recent troubles started when a relationship ended and when he was drinking alcohol. “He is well regarded by his employers,” Mr Taafe said.
He said Kiarie had been off alcohol for 12 months but on the day in question, he had consumed alcohol again “as Dutch courage” because he had been invited to meet a woman.
But he got intoxicated and could not then find the lady’s home, Mr Taafe told the court.
“He was intoxicated and made a nuisance of himself. When he was told to go away, he went away. He apologises for his behaviour.”
Kiarie is now off alcohol and is under the care of a probation officer, Mr Taaffe said.
Judge McNulty noted that the defendant had a “significant offending history and it’s continuing.
“It’s time for a firm and clear warning for this man,” he said.
He sentenced him to three months in prison on each of the two trespass charges but suspended them both for two years.
For intoxication in a public place, he convicted and fined him €300. For failing to appear in court, he convicted Kierie and fined him €200.
He was given 90 days to pay the fines, which totalled €500.
West Cork would not be so lenient as Kerry, declares judgeWest Cork would not be so lenient as Kerry, declares judge