A Waterford Judge recently told a man who was arrested for a public order offence in the area outside his home that he is “impressed” by his efforts to turn his life around.
Michael Smith (50) of 6 Mount Saint William, Williamstown Road, Waterford, appeared at a sitting of Waterford District Court earlier this month before Judge Kevin Staunton.
He was charged with being intoxicated in public, contrary to Section 4 of the Criminal Justice (Public Order) Act 1994, after he was arrested by Gardaí on the footpath outside his home on 10 October, 2025. The court heard that shortly after 8.00 pm that night, Gardai who were in the area of Williamstown Road discovered a man who was allegedly holding a bottle of vodka and ‘shouting’ at a house.
After Gardaí detected a strong smell of alcohol from his breath, he was arrested in an area close to his home. It was stated that the arrest was made as the Garda involved said this counted as a public place.
Acting for the defendant, solicitor Ken Cunningham said that his client was ‘accepting’ of the incident, but indicated that as the area where the accused was arrested was right outside his home, that it should still count as private property.
The Garda member said that the arrest was made halfway between the accused’s front door and the footpath, in an area adjacent to the bins. He reiterated that the arrest was made as this still counts as a public place.
After a picture of where the arrest was made was shown to Judge Staunton, the Garda involved said that it had happened ‘further up’ than this.
Mr. Cunningham reiterated the fact that it was “not a public place” as it was immediately outside the home of the accused, and that the arrest had come about when the Garda saw the accused, he had happened to be on the footpath outside his home.
Judge Staunton said that the arrest was valid, and that it was a public place. The accused said that on the night, his partner’s son had called the Gardaí as he was suffering from an episode of schizophrenia.
He said that his partner had bought him the vodka as a present, and he left the house shortly after this happened.
The accused added that although Gardaí claimed that he was shouting, that it was actually his partner’s son, and that he was just trying to calm him down, and “diffuse the situation” before he got arrested.
“I have always put my hand up when I’m wrong and I wasn’t wrong,” the accused said. He then told Judge Staunton about efforts that he had been doing to improve his life, after other issues that he had in the past.
After Mr. Cunningham stated that he would be looking for the charge to be struck out, Judge Staunton said he would not do this as “the facts are proven.”
However, he told the accused that he was “impressed” by his efforts to improve his life. He decided to put the matter back to 14 April next, where it will be struck out if the accused comes to no trouble in the interim period.
Funded by the Court Reporting Scheme
Robyn Power
