State failed vulnerable man who 'begged' for help, Donegal solicitor says

A leading Donegal solicitor has sharply criticised the State who he said has failed a vulnerable young man who “begged” for help before reoffending.

The man, who breached a court order when he turned up at his parents’ home, was jailed at Letterkenny District Court.

The court heard that the defendant has a long-standing mental health issue and his solicitor said his client was left without support despite checking into a mental health unit.

The 28-year-old man, who cannot be named for legal reasons, was brought before Judge Ciaran Liddy.

Evidence of the arrest, charge and caution of the man - who has 13 previous convictions - was handed into the court by Garda Inspector Paul Gallagher. The man was charged with four offences contrary to section 13 (1) of the Criminal Justice Act 1984 as amended by section 23 of the Criminal Justice Act 2007.

The man’s solicitor, Mr Patsy Gallagher, said it was accepted by his client that there was an order in place and there was a plea to the charges.

Inspector Gallagher told the court that the man, having been previously detained and then released from a mental health unit at Letterkenny University Hospital, arrived at his parents’ home.

Both of his parents had been granted barring orders in respect of the man. He banged on the door and shouted for them to let him in. After he initially left the scene, he returned later and began banging on the doors and windows.

The couple were said to be “very afraid”, turned off the lights in the house and attempted to hide. Gardai arrived a short time later and the man was arrested before being conveyed to Letterkenny Garda Station.

The court was informed of a number of previous convictions, including multiple breaches of court orders, since 2024. 

In February, the man was given a four-month, part-suspended prison sentence for two breaches of an order, two section 3 assaults and the unauthorised taking of a vehicle.

Solicitor Mr Gallagher said that all matters surrounding his client relate to mental health issues.

“He has been fighting this all of his life,” Mr Gallagher said. “I have to lay criticism at the State here. This man has been fighting a condition valiantly for the last 12 months and it was recommended that he be on medication to deal with it.

“Last week, he found himself going the wrong way and he immediately got himself admitted to the unit. He begged them to give him assistance and begged them to give him accommodation somewhere. No assistance of any nature was given.

“The Gardai have previously assisted this man and there is a good relationship there; there is never any difficulty with the Gardai in terms of aggression. 

“This man simply had nowhere to go. The only place he could go was back to his own home. He knew by doing that he would be arrested.”

Mr Gallagher said that there was no physical contact made in the latest incident. He said his client wants to look after himself. 

The solicitor said: “He has grabbed assistance within the last number of months. There is no malice towards anybody here. He was released from the unit and there was no onwards help given. He is a man who falls into the category of needing assistance. He does understand that the Court’s hands are tied and does appreciate that there is a difficulty.”

Judge Liddy noted that the accused has pleaded guilty at a very early stage and the appropriate credit would be given.

“This man is no stranger to the requirements of a court order under the Domestic Violence Act,” Judge Liddy said. “He breached this and was given multiple opportunities through suspended sentences and that escalated to custodial, but he has persisted in breaching an order of the court. For that reason, a custodial sentence is warranted.

The man was sentenced to a total of 18 months in prison, with six months of that term to be suspended for one year on condition that he stay away from his parents’ home. 

During a previous case before Letterkenny District Court, the man’s father said that prison was not “for him” as his son needed medical treatment.

At that time, Mr Gallaghertold the court: “We are dealing with a young man who is very unwell. He is lost within the system and there is no help coming to them, which is a crying shame. Gardai are acting as social workers.”