Tiresome beggar free to roam cities

A bid by the Probation Service to attach a GPS monitoring anklet to a prolific beggar in order to keep him out of city centres has failed after his lawyer claimed it breached his human rights.

Hastings beggar Frank Lovich, who has nearly 300 convictions for low-level nuisance offending, appeared for sentencing on his latest batch of offences before Judge Bridget Mackintosh in the Hastings District Court on Wednesday.

He is known to become aggressive towards police, shopkeepers and members of the public who question his motives or ask him to move on.

Among the latest charges was one for fraud because he had been begging for food and shelter while on a benefit.

Judge Mackintosh sentenced him to nine months in prison. With the time he has already served in custody, that would see him back on the streets later this month.

As part of his release conditions the Probation Service wanted Lovich, 53, to wear a GPS monitor for six months.

The ankle bracelet is similar to those worn by people on electronic bail, so his whereabouts could be tracked and he could be kept out of the Hastings and Napier CBD areas.

Lovich’s lawyer, Antony Willis, said this raised ‘‘serious human rights issues’’ and the condition should not be imposed.

‘‘This is cracking a nut with a rather large hammer . . . He’s not a sexual predator,’’ Willis said.

He said Lovich was already trespassed from numerous areas and this was adequate. Otherwise ‘‘he would effectively be banished from the entire CBD of Napier and most of Hastings’’.

‘‘That would preclude him from entering many places he’s not trespassed from. He may not have a lot of money, but the department can’t stop him from going into businesses he may want to buy something,’’ Willis said.

‘‘It’s certainly not illegal for him to sit on the sidewalk and ask people for money,’’ he said.

Another issue arose from Lovich being homeless, meaning he would not be able to recharge the GPS monitor’s battery.

A probation officer told the court the conditions sought were no different to the bail condition imposed on some offenders that barred them from entering the CBD.

Lovich could have his monitor recharged at a police station or the probation centre, the officer said.

Judge Mackintosh said Lovich had behaved very poorly, but she said there were no grounds for making him wear an anklet.

While she ‘‘appreciated the creative nature of the proposed conditions’’ she did not think they were reasonable.