Kildare court: Probation Act applied in case of man with addiction to alcohol

A defendant who appeared via video-link to Naas District Court on Thursday, November 10 received probation on all his offences.

The decision was made by Judge Desmond Zaidan during an in-camera (in private) court case.

It was heard that the defendant had repeatedly shoplifted alcohol from a number of stores in Kildare on different dates.

Gardaí also told the judge that the defendant had previously breached barring orders in place against a relative of his.

They said that he had breached the orders by turning up at the relative’s home, and in one instance, asked for a loan of money from them.

However, a garda told Judge Zaidan that on all occasions, the defendant was never violent and left of his own accord.

Judge Desmond Zaidan presided over the case

Commenting on the offences, the judge said: "He’s not the worst, is he?" to which a garda replied: "No, judge."

He added that he felt uncomfortable about potentially remanding him in custody, as he believes the man isn’t in a mentally healthy state, but added that if he is released, one 'couldn’t predict what will happen.'

The judge explained: "There is no doubt he misbehaved, but we all know what is going on here."

The man’s solicitor also told the judge that their client has to wait six months to see a mental health professional.

Judge Zaidan asked to speak to a probation worker in relation to potentially helping the defendant, but he was told that none were available on the date in question.

He ultimately decided to impose the Probation Act on the defendant, meaning he could be released from custody.

However, the judge also told the defendant’s solicitor that if their client reappeared before him, he 'would have to do something.'

If you have been affected the issues raised in this article, you can find HSE resources to help you here, or by visiting https://www.drinkaware.ie/support-services/.