Remanded in custody to May after failing to stop drinking

A 54-year-old man charged with harassing a woman has been remanded in custody for a second time after failing to give up alcohol and cannabis as part of his bail conditions.

Evan Clarke of Main Street Easkey had been before the Circuit Court in December where he was accused of harassing the woman on dates in 2013, 2014 and 2015. He had previously received a six months suspended sentence for harassing another woman in the Enniscrone area at the District Court.

Last week he appeared before the court again having been released on bail once more after spending a week in custody because he had failed to stay away from alcohol and cannabis said Ms Dara Foynes BL (prosecuting).

He was also not to have any contact with the two women, in particular the female complainant in the case before the Circuit Court.

Garda Mary Tighe told the court that on January 26 th last at 9.30pm she called to the defendant’s home and it was very evident he was under the influence of an intoxicant.

He stated that he had drank a bottle of wine that evening and that the last time he smoked cannabis was on December 20 th when he was released from prison.

Garda Tighe said there was also an incident on January 29 th in Easkey which was being investigated by Gardai from Ballymote. When Gardaí went to speak to him at his home it was once again evident that he had drink taken.

Garda Tighe said she would have concerns regarding his release at this stage. The victims were concerned and afraid.

Mr Joe Barnes BL (defending) said the accused was of the view that he had substantially complied with the bail conditions following his release from prison. It had been suggested that he might benefit from consulting a forensic psychiatrist and that his behaviouir might be related to an acquired brain injury he has.

Judge Keenan Johnson said he noted from a probation report that the accused had refused an offer of cognitive group therapy.

“He knows what his responsibilities are and he has made a very good recovery from his brain injury,” said the Judge., adding that Clarke had been given every opportunity by the court. In reply to Mr Barnes, Clarke said he could not recall declining an offer of therapy and would attend if given the opportunity. He believed he had his drinking under control but admitted that his memory wasn’t the best. He last drank before Christmas.

Ms Dara Foynes put it to the accused that he seemed unable to resist any kind of temptation.

Clarke replied that this wasn’t true.

“Another remand in custody seems the best thing to do,” suggested Ms Foynes.

Mr Barnes submitted that it would be extremely difficult to get the requisite services for the accused while in a custodial setting.

“The man clearly needs help and I would ask the court not to finalise sentence on this occasion,” he said.

Judge Johnson told the defendant he had a letter before him which informed him that he had been offered cognitive group therapy and he had declined.

“That’s the first I’ve heard of it,” said the defendant. The Judge also said the accused had given a firm undertaking in December but he had smoked cannabis and been drinking and getting into trouble since.

“I’m satisfied you are in clear breach of your bail conditions.,” said the Judge remanding Clarke in custody to appear at trhe court again on May 29 th next.

“I don’t do that lightly but you have failed to respond,” he said.