Tullamore man escapes jail sentence for New Year's Eve offences but must pay fines within six months

A Tullamore man who escaped six months in jail was instead fined a total of €2,450 for criminal damage, public order and drugs offences.

James Mullen (24), Connolly Park, Tullamore appeared in the District Court for payment of compensation and sentencing.

His solicitor, Patrick Martin, told Judge Andrew Cody his client had €270 with him towards payment of the balance owed, €910.

Mr Martin said Mr Mullen was now in employment and expected to be paid €2,000 very soon.

Judge Cody told Mr Martin that his client had previously been warned that he could go to prison for six months if he did not pay all of the compensation.

Speaking on Wednesday morning last week, the judge said Mr Mullen had until the end of the court sitting that day to pay the balance.

Mr Mullen had caused €550 worth of damage to the Exhale shop window on William Street in Tullamore and €510 damage to the window of Digan's public house on the same street.

The accused had been intoxicated when those offences were committed, the night of New Year's Eve 2020, and the prosecution had also been assisted by CCTV footage from a camera installed at Supermac's.

Sentencing had been adjourned in April 2021 for a restorative justice report and for further compensation.

Further offences were committed in 2021 and 2023 including a breach of the peace after an incident involving damage to a car at the Bridge Centre, intoxication at Kilbride Street, and possession of a small amount of drugs for Mr Mullen's personal use.

On Wednesday afternoon Mr Martin confirmed his client had paid all the outstanding money and repeated that he was now in employment.

He had been suffering from mental health issues but had engaged with the Community Alcohol and Drugs Service and had returned to playing soccer.

Judge Cody said he had received both the restorative justice report and a probation report and remarked that the damage caused by Mr Mullen to windows and a car was reckless and without any reason whatsoever.

The defendant had failed to engage in a proper manner with the restorative justice programme and failed to carry out his contract of reparation.

The judge said he was quite satisfied the accused was well able to pay the compensation but had “dragged it out” as evidenced by his “cod acting today” where when he had to get the money he was not long about doing so.

Several bench warrants had to be issued when he failed to turn up in court over a period of three to four years.

On the other hand, he said Mr Mullan was working and contributing to society.

For cannabis possession he imposed a fine of €100, plus another €100 fine for possession of cocaine on the same day.

For the criminal damage at Digan's he was fined €500, with another €500 fine for the damage at Exhale and a third €500 fine for damaging the car, a Ford Puma.

A fourth fine of €500 was imposed for causing €1,000 damage by breaking glass at Boots chemist and finally a fine of €250 was imposed for failing to appear in court.

All of the fines must be paid within six months and Judge Cody said he was satisfied the man would be able to pay them.

When Mr Martin put it to the court that his client was engaging with the matters he was to undertake the judge said the was supposed to do 20 hours of voluntary work but did not return the phone calls.