Restraining order breach sees man, 56, sent to prison

BREACHING a restraining order has resulted in a months-long prison sentence for a man.

William Thomas Birney (56), of no fixed abode, was convicted on Monday at Enniskillen Magistrates Court for the restraining order breach in which he was within 100 metres of an address in Enniskillen.

On September 24, police attended the address on Hillview Road at 2am following a dropped 999 call.

They spoke to the injured party on arrival, who informed them Birney was on the property. However, a restraining order against Birney was active until January 5, 2024.

He was arrested and cautioned. When he was interviewed, Birney admitted he was aware of the restraining order, and made a full admission that he was on the property.

When asked why he went to the property, Birney said he had been invited by the injured party and they were in a relationship.

Submissions

Before hearing submissions from Birney’s solicitor, District Judge Steven Keown queried when “the penny was going to drop” for Birney.

Garry Smyth, Birney’s solicitor, admitted there was a repetitive nature of Birney’s court appearances, but repeated what his client had said about being invited to the house by the lady in question.

He asked for maximum credit for his client’s early plea and acknowledged the concern the court would have about the repetitive nature of offending.

Mr. Smyth also accepted that there was “an inevitability” about the matter and Birney receiving a prison sentence.

Judge Keown gave Birney credit for his guilty plea. However, he did not feel he was entitled to maximum credit, due to the fact he was “caught red-handed”.

Birney was given a five-month prison sentence for the breach.