18 Aug 2022

Tipperary courts: man is cleared of trespass in Roscrea

Evicted tenant did not intend to commit an offence

Tipperary courts: man is cleared of trespass in Roscrea

Judge Elizabeth MacGrath: dismissed trespass charge

A man who was charged with trespass with intent to commit a crime at a rented house in Glentara, Roscrea, had the case against him dismissed by Nenagh Court.

Kevin Hayden of 72 Fr Cummins Park, Bagnalstown, County Carlow, had pleaded not guilty to the alleged offence on September 17, 2018.

The court heard that he had barricaded himself into a room in the house.

Harry Dean, who manages the property, said Mr Hayden had been asked to leave the house due to alleged anti-social behaviour but returned. He had no permission to be there.

Mr Dean said that Mr Hayden had been asked to leave the house, but when Mr Dean went back to the house on September 17 he found a window broken and Mr Hayden was upstairs.

"I assumed the house was empty but I heard a noise upstairs. I couldn't get into the room and I called the gardaí," he told the court.

"It got scary waiting for the gardaí to arrive. I saw them remove Kevin Hayden," said Mr Dean.

He said that Mr Hayden had been a good tenant "until another person arrived on the scene".

Under cross-examination by JJ Fitzgerald, solicitor for Mr Hayden, Mr Dean said Mr Hayden had been asked to leave because there had been a problem with anti-social behaviour.

"I told him that next time, he would be leaving," he said.

Mr Dean said that Mr Hayden had returned the key, and confirmed he had not given Mr Hayden back his deposit.

"I wouldn't do so for a number of weeks to make checks," he said. "I have never kept a deposit, but in this case there was damage."

Garda Janice Nolan, who was called to the scene, said that she met Mr Dean who outlined that he had become aware there was a person who would not leave a room.

She spoke to the person inside the room.

"Furniture had to be removed. He was barricaded in," she said.

Garda Nolan said Mr Hayden told her he had gone to the house to sleep as he had no other place to go.

"He was aware he had no permission to be on the premises," she said.

In a cautioned memo she took from Mr Hayden, he said that the window was broken when he arrived. 

"I understand I was evicted from the house. Last night, I had no place to sleep and I said: 'F*** it, I'd rather face a charge sheet than pneumonia'," he said in the memo.

In relation to the broken window, he said that if was not already broken he wouldn't have broken it to gain access.

Mr Hayden told Garda Nolan he knew that he was a trespasser.

Mr Fitzgerald, in a submission to Judge Elizabeth MacGrath, said that his client had been charged with trespass with intent to commit a crime , but there was no evidence of that.

Insp Amanda Reynolds said Mr Hayden said there was intent as Mr Hayden saidd that he would have broken the window only it was only broken.

Judge Elizabeth MacGrath dismissed the charge because there was no evidence that Mr Hayden had intended to commit a crime.

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