A MAN who was intoxicated and fell asleep in the public office of a garda station while attempting to make a complaint has avoided a prison sentence.
Judge Dermot Dempsey ordered that Keith Warren complete 240 hours community service in lieu of a three month prison sentence.
Warren of Rivermeade Drive in Swords pleaded guilty at Swords District Court to failing to comply with garda direction and being intoxicated at Swords Garda Station on December 16th, 2012.
Garda Anthony McNulty gave evidence at a previous sitting of the court that at 2.30am he observed a male asleep across chairs in the public office of the garda station.
“He had been attempting to make a complaint and was intoxicated and we were aware another garda had already taken his complaint,” said Gda McNulty.
“We told him to go home and he went back asleep and failed to comply with our direction.”
Defence solicitor Ms Fiona Darcy said Warren (25), was having Christmas drinks earlier in the night with colleagues when he was asked to leave the nightclub.
“He was trying to get his keys and his coat back but wasn't allowed back into the pub, which is why he went to the garda station to make a complaint,” Ms Darcy explained.
“It was an expensive night out as he never got his things back and he felt he was treated unfairly by the nightclub bouncers.”
“He also wasn't satisfied the gardai reacted in the way he had hoped but he is apologetic,” she added.
The 25-year-old father-of-one had his legal aid cancelled after it was discovered that he wasn't in receipt of social welfare at the time his application was made.
Ms Darcy told the court that Warren wasn't working when he made his application for legal aid as he had been let go from his job. “But the following day after his last court appearance on January 8th he was re-instated in his job,” said Ms Darcy.
Judge Dempsey cancelled his legal aid saying “you signed the form on January 8th to say you were in receipt of social welfare and now you are caught out.”
“There is too much of this going on and I don't know if the gardai wish to take any steps in relation to this,” added Judge Dempsey.