A Newcastle West man has been barred from two estates in the town after a court was told that residents were concerned about anti-social behaviour should he be allowed to return.
Dan McCarthy, formerly of 46 Castleview Estate and who is currently serving a sentence for assault in Wheatfield prison, has been barred for three years from Castleview and the neighbouring Sharwood estate.
Limerick City and County Council applied for the exclusion order following the expiration of a similar order in June of this year. Newcastle West district court heard that McCarthy is due to be released from prison in the coming weeks.
Seamus Hayes, housing services officer with the council, told the court that they had secured the original exclusion order in June 2012 on foot of complaints about anti-social behaviour “over a number of years”.
“Since the exclusion order was granted, the estate has thrived. The residents report there has been a huge improvement in the atmosphere,” Mr Hayes said, noting the estate had won a Pride of Place Award in 2013.
“There is a lot of trepidation about what would happen if he took up residence again.”
Sgt Niall Flood told the court that the estate was now “in a very good situation”.
“A lot of the older people in the estate heard that he is to be released in the next few weeks and I have been approached by a number of people in the estate and they are genuinely concerned,” Sgt Flood said.
He added that McCarthy had shown “scant regard” for the previous exclusion order, having breached the order on six occasions in that past three years.
“On December 26 2014, he was involved in a Section 3 assault on a person in the estate and was convicted of threatening to damage property on the same date,” Sgt Flood added.
Mr McCarthy, who was contesting the order, told the court he had taken part in anger management and drug abuse courses while in prison and that he hoped to get a job on his release.
He pointed out that he suffered from bipolar disorder and had not been able to control it. However, he was now on medication and was in control of the problem.
“If I can get a chance to prove to you all I am a changed man, I will do it,” he said.
His father Ned McCarthy also appealed for his son to be allowed to return to the family home. “If he has no home to go to, he can turn to drink, turn to anything,” he said.
“He should be given a second chance for three, six months whatever and if he causes trouble, then ban him out of it altogether.”
Judge Mary Larkin granted the exclusion order for three years, but said she would review it in 12 months’ time.
“If he comes back here within a year, I will certainly listen to the evidence that he is living a balanced life,” she said.