BRAY WOMAN APPEALS TRESPASS CONVICTION
MOTHER OF ARRESTED MAN WAS FOUND IN THE CUSTODY AREA OF BRAY GARDA STATION
A BRAY woman whose son is currently serving a jail sentence for attacking an elderly woman was last week convicted of trespass at Bray Garda Station.
Helena O’Brien (42), formerly of 6 Hazelwood, Bray, and who also had an address listed at a mobile home in Delgany, appeared before Bray District Court last Thursday to face public order and trespass charges. The trespass charge arose after her son was arrested while the public order charged related to her presence at Bray council buildings after her home was firebombed.
While Mrs O’Brien was convicted and given a custodial sentence last week, she was later released that day pending an appeal.
Mrs O’Brien’s son Jamie O’Brien (22) is currently serving an eight-year sentence after he and Michael Cash broke into the home of 89-year-old Eva Sutton in Bray and assaulted her in September 2015.
In court last Thursday, Garda Barney Carroll gave evidence of the alleged trespass at Bray Garda Station on November 22, 2015.
He said that he encountered Mrs O’Brien in the hallway of the custody area. Her son Jamie was in custody at the time. He told the court that there was a sign at the door from the public area which read ‘authorised personnel only’.
Garda Carroll said that he informed Mrs O’Brien that she was trespassing. Member in charge Garda Sean Liddy was in the hallway at the time.
‘She started being very abusive to me straight away, she said that gardai are all drug dealers and all scum. Her daughter was there saying “Mammy come on, let’s go Mammy”,’ said Garda Carroll.
‘I told her to leave the area. She said that she didn’t care if she got a summons. She wasn’t arrested as her young daughter was in her company and was summonsed regarding this matter.’
In cross-examination, Mr O’Donovan asked if Bray Garda Station’s custody area was like ‘a rabbit warren’, with corridors and dim lighting. Garda Carroll did not agree, but Mr O’Donovan said that he himself has been there. He asked if someone unaccustomed might get lost there. Garda Carroll said that Mrs O’Brien would be familiar with the station.
Garda Carroll told the court that CCTV at the public area was not working that night. He said that a PIN number was required to open the door but that some force would put the door in.
Mrs O’Brien said that she was bringing her child to the toilet and had been given access by a garda at the front desk.
Garda Carroll said that it would never be procedure to allow a person in to that area unaccompanied.
Mrs O’Brien told the court that she was at the station following the arrest of her son in connection with a very serious crime. She had seen things on Facebook.
‘I went down to ask if he was being charged with that,’ Mrs O’Brien said. She said she asked if she could bring her daughter to the toilet as ‘it was raining out and there was no public toilet nearby.’
‘ To be honest, it makes no difference what I say here anyway because I’ll be convicted anyway,’ she said. ‘It’s impossible that I could get through that door,’ she said. ‘It’s impossible. But I know I’m getting convicted today.’
Mr O’Donovan said that the gardaí had not done enough to rebut Mrs O’Brien’s explanation. He said that they hadn’t produced another garda to do so and there had to be some doubt.
‘I accept the evidence of the gardai and not her version of events,’ said Judge Kennedy.
‘She got through the door, as Garda Carroll said with a shove, as ridiculous as it sounds. There is no other way she could have as she wouldn’t get let in by a garda, it would be totally against policy.’
In relation to the public order charges, Garda Robert Carthy gave evidence of attending the civic offices of Bray Municipal District on May 16, 2016. He told the court that a report had been made that Mrs O’Brien was being abusive to staff, that they had asked her to leave and she refused to do so.
Garda Carthy said that they spoke to her for approximately 30 minutes and then she left the building.
He said that she was directed to leave the area and refused to do so. The garda said that she called the gardaí pigs and said she wasn’t going anywhere that afternoon.
She was arrested for public order and brought to the garda station by Sgt John Fitzpatrick and Garda Glenn Quinn.
‘At the station she had marks and scrapes all over her face which she made en-route to the station,’ said Garda Carthy. He said that, whilst in garda custody, she took a lump of toilet roll and began chewing and swallowing it, resulting in her getting sick.
An ambulance was phoned and took her from the station. She was summonsed rather than charged that day.
‘Her behaviour was disgraceful in custody, the worst behaviour I’ve seen in Bray Garda Station,’ said Garda Carty
Solicitor John O’Donovan said that the precis of evidence had not included anything about eating toilet paper or comments regarding her behaviour in the station. He added that there was no staff member from the council present in court to give evidence regarding her demeanour in the civic offices.
Mr O’Donovan asked Garda Carty if he was aware that Mrs O’Brien’s house had been firebombed and other circumstances.
‘ The crux of the argument was regarding the accommodation she was going to receive at 4 p.m. that day. She didn’t like the location,’ said the garda.
Mr O’Donovan said that Mrs O’Brien had been arrested under section six and eight of the public order act. With section eight, failing to comply, he said, the garda has to specify a warning of the consequences. Non-compliance alone is insufficient, he said.
‘If you don’t leave the area you will be arrested, it’s quite specific,’ he said. ‘Such words were not emitted to Mrs O’Brien.’
Mrs O’Brien explained to the court why she was at the council on the day in question.
‘My son and another person had done a very serious crime. My home had been burnt to the ground,’ she said. ‘I was at the council seeking accommodation for myself and my kids.’
She said that a B&B offered was not suitable for her and her children. ‘I have incurable lung disease in my left lung,’ she said. ‘I was very upset.’
She said that there were numerous homeless people outside carrying out a protest and the office doors were locked. She got the attention of the security guard and was brought in.
Mrs O’Brien denied being abusive towards staff and said that she has been working very well with them.
‘Gardaí arrived and I said “What harm am I doing? I’m in a civic building trying to get a place for my kids,”’ she said. ‘I was handcuffed and don’t have any nails to scratch myself. I was inappropriately searched by a male garda. I didn’t call them pigs.’
She denied eating toilet paper at the garda station.
Mr O’Donovan said that Mrs O’Brien was not reckless in terms of causing a breach of the peace and was not told the reason why she was arrested. He said that she was in an emotional state and trying to find accommodation for her family.
Judge Kennedy dismissed the section six and said he would convict on the section eight.
When it came to sentencing, Mr O’Donovan asked Judge Kennedy to be as lenient as possible in light of the circumstances.
‘She has some public order convictions,’ he said. ‘She is a lady who has gone through an awful lot and is very traumatised on a personal level. She has been left homeless essentially and is paying a high price for the misdeeds of her children.’
Judge Kennedy said that while he had found her not guilty of being abusive to gardai, she doesn’t appear to have huge regard for the members of An Garda Síochana. For the trespass charge, he handed down a sentence of four months, and two months consecutive for the section eight public order.
An appeal was lodged and Mrs O’Brien was released that day.