A Kerrykeel pensioner who admitted making a number of menacing calls to another man, has been given the benefit of the Probation Act.
John Orsi (80) of Ballymagowan Lower, Kerrykeel pleaded guilty to sending a menacing telephone message on October October 4, 6, 7, 13 and 14 at Chapel Road, Dungloe last year.
Dungloe District Court heard how the messages were sent to Michael Connolly.
Garda Shane O’Gara said he spoke to Mr Connolly who told him he had ten voice mail messages of a persistent nature from the defendant.
The injured party had built a house for the accused some years ago and that was the basis for the calls.
The calls were not of a threatening nature but were persistent.
The defendant was interviewed on October 20 and admitted making the calls
Defence solicitor Kevin McElhinney said alcohol was an issue for his 80-year-old client.
Garda Inspector Seamus McGonigle said every effort was made to keep the case from coming to court, but the State had no option.
Mr McElhinney said the calls had come at a time when his client had difficulties in his life and a letter from the defendant’s doctor was handed into court.
The defendant had a number of physical difficulties as well.
Sadly, he used alcohol when things became difficult, the solicitor said.
The defendant, who was in court with his son, had difficulties over a house that the injured party built for him in the past.
Alcohol was the trigger for the calls. Mr McElhinney asked the court for leniency and to leave his client with no conviction.
“It would be a shame for him to be convicted for a matter that should not have come before the court at all,” he said.
“He accepts that he should not have made those calls at all.”
The defendant gave an undertaking to the court that “never again” would he make calls of such a nature. He said he had deleted the injured party’s number from his phone.
Judge Éiteáin Cunningham applied the Probation Act for the offence on October 14 last year and dismissed all of the remaining charges.
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