Judge refuses to lift Limerick exclusion order

David Hurley

Reporter:

David Hurley

Judge Aeneas McCarthy sentenced David Hickey to four months' imprisonment
A MOYROSS man who admitted returning to his family home despite a court order banning him from the northside estate was sentenced to four months’ imprisonment.

A MOYROSS man who admitted returning to his family home despite a court order banning him from the northside estate was sentenced to four months’ imprisonment.

David Hickey, aged 27, who is originally from Cosgrave Park, pleaded guilty to breaching an exclusion order which was secured by Limerick City and County Council on February 13, last.

Although he pleaded guilty to a single breach of the order - on August 8, last - Mr Hickey has admitted returning to his family home a number of times since the order was imposed.

The local authority initiated proceedings against Mr Hickey - whose mother is a council tenant - after it received numerous complaints from local residents about his involvement in 
anti-social behaviour.

Imposing a four month prison sentence, Judge Aeneas McCarthy said he regarded any breach of a court order to be very serious.

Separately, Mr Hickey failed in his attempt to have the exclusion order 
discharged or varied.

Solicitor Jenny Fitzgibbon said her client was seeking permission to return to the family home as he is 
effectively homeless.

“He is living from couch to couch and has nowhere else to stay,” she said.

In his evidence, Mr Hickey said he had lived with his brother in a flat on Mulgrave Street for a short time after the exclusion order was imposed but that they could no longer afford the rent.

“I’m basically homeless at the moment, I’ve nowhere else to stay,” he said adding that he has changed his ways and no longer associates with certain individuals.

“We were not the quietest bunch of lads but I have shut them out of my life,” he told the court.

Solicitor Ger Reidy, representing Limerick City and County Council, said the local authority was strongly opposing the application.

Garda James O’Connor said the incidents of anti-social behaviour in Moyross have fallen since the exclusion order was granted and he told the court that Gardai support the stance being taken by the local authority.