Man who fell asleep after a night out in Buncrana ordered to pay €500 to charity

A company employee who fell asleep along the road after a night out in Buncrana has been ordered to donate €500 to charity if he wants to avoid a criminal conviction for a Public Order offence.

Kevin O’Hagan, of 26 Northland Road, Derry, admitted a charge of public drunkenness when he appeared before Buncrana District Court.

Garda Sergeant Conor Mulkerns gave evidence against the 54-year-old, outlining how the incident came to light in the early hours of Monday, May 6, 2024, at approximately 1.15am.

The court heard that gardaí had received a report of a male sleeping in the grass at Old Road, Ballymacarry, Buncrana.

When they arrived and spoke to the individual, identified as Mr O’Hagan, they formed the opinion that he was intoxicated to such a degree that he posed a danger to himself and others nearby. He was subsequently arrested for his own safety.

A fixed charge penalty notice was later issued by post in relation to the incident. However, this was not paid, resulting in the matter being brought before the court. The court heard that the fine would have been €100 had it been dealt with at that stage.

Defence solicitor Ciaran MacLochlainn told the court that his client is a company employee earning approximately €500 per week and is a single man with no children.

He explained that Mr O’Hagan had been out socialising with friends on the night in question and had arranged for a lift home. However, those plans fell through when the person who had agreed to drive him left earlier than expected.

Mr O’Hagan then attempted to make his own way home on foot but became tired, lay down and fell asleep. His solicitor said he has no recollection of the events that transpired.

Mr MacLochlainn added that his client was very appreciative of the manner in which gardaí dealt with him on the night and accepted their intervention was necessary. He said Mr O’Hagan would be willing to make a charitable donation in order to avoid a conviction.

Judge Emile Daly directed that Mr O’Hagan make a €500 donation to St Vincent de Paul and adjourned the case until June 11 to allow proof of payment to be provided. She indicated that if the donation is made, no conviction will be recorded.

“If he discharges that charitable donation, then he won’t be burdened by a criminal conviction," the judge concluded.