Involved 'himself in a situation that had nothing to do with him'

A judge has allowed a social care worker who involved “himself in a situation that had nothing to do with him” during a late night incident in Mullingar to maintain his unblemished criminal record following a donation to charity.

Stephen Cleary (21), The Strand, Walshestown, Mullingar, Westmeath, appeared at last week’s sitting of Mullingar District Court charged in connection to an incident at Oliver Plunkett Street, Mullingar, during the early hours of September 7.

The court was told how Mr Cleary had been directed, and failed to leave, the area by gardaí during a public order incident shortly after 3am.

That led to a charge under section 8 of the Public Order Act, and a guilty plea when the case came before Judge Bernadette Owens last Thursday.

In defence, solicitor David Nohilly said his client had simply “overindulged” on the night in question and stressed there was “no indication” he had been the reason gardaí were called to the scene.

Mr Nohilly said Mr Cleary had attempted to express his remorse by going to Mullingar Garda Station the following day and also wrote a letter to gardaí regarding his “inappropriate” conduct.

Judge Owens replied, saying Mr Cleary should have known better than to have become involved in a scenario that had little or any concern to him.

“He got himself in a situation that had nothing to do with him,” said Judge Owens.

Mr Nohilly appealed to the court for leniency and to spare his client a criminal record.

“He is 21 and works in social care and is due to start a new job,” said Mr Nohilly.

“He is apologetic and it (incident) could affect his future job prospects with his new employer.”

In a bid to demonstrate that contrition, the court heard how Mr Cleary, who had no previous convictions, had brought €300 compensation with him.

Judge Owens agreed to stop short of recording a conviction and directed the €300 to be allocated to the charity Little Blue Heroes.

She said Mr Cleary would not be so fortunate if he reappeared for anything of a similar nature in the future.

“He is getting a chance today, but he has now used up all his chances,” she said, striking the matter out.