Probation for breaching non-molestation order

Barry Patrick Durkin of Oakfield Court, Enniskillen was found guilty of the charge at Fermanagh Magistrates Court.

The court heard how on July 10, 2018, police were called to Hillview Park by a third party who said Durkin was at the injured party’s home and was going mad.

When police arrived, the defendant was not present but was later spoken to by police.

The injured party had left their home address to go to the shop and on return found Durkin standing in the kitchen with a coffee. He was verbally abusive and only left when they threatened to call the police.

Defence solicitor for Durkin, Michael Fahy told the court his client stated he was at his sister’s house with his mother before his brother-in-law brought him home and he was not in contact with the injured party.

He continued by saying his client has regular contact with his kids and enjoys an amicable relationship with his partner.

Looking at Durkin’s criminal record he said you had to look back as far as 2009 for the last offence against a person which resulted in him spending two years on licence in which he fully abided by the terms set out by the court.

Mr. Fahy said his client had a background of alcohol abuse and when he falls foul of alcohol there is an increased risk of offending.

However he said Durkin self reports and has abstained from alcohol since the day of the incident and there has been no contact with police or issues with the injured party since.

Durkin had sought treatment for his alcohol issues which showed he was “not naive” to think he is free from alcohol.

In handing down the one year probation order, District Judge Michael Ranahan told Durkin had it not been what was said on his behalf today he would have been looking at a different sentence.

He told Durkin that he must comply with what is required in the probation order and if he breaches it he would be back before the court and be at risk of a custodial sentence.