A Carrigart man has been given six months to complete 167 hours of outstanding community service work or risk going to prison.
Dean Bradley, of Kill, Carrigart, was before Letterkenny Circuit Court, which heard that the Probation Service was applying to have a community service order revoked.
A probation officer told Mr Kieran Dillon, State Solicitor for Donegal, that Bradley was directed to complete 200 hours of community service in lieu of three months imprisonment.
Judge Simon McAleese made the order in November 2023 after Bradley was convicted of drug-driving arising out of an incident in August 2020 at Kilmacrennan Road, Milford.
The probation officer informed the court that Bradley has only completed 33 hours of the order and has given various excuses.
After an agreement was reached for Bradley to be transported to the site, Bradley’s day changed and the bus service was not available. While he indicated that he would make his own way there, this did not happen.
The court heard that Bradley, who is now 34, undertook to attend integrated course work, but only attended one day.
Acknowledging that there were “complex issues” in the background, the probation officer said that there have been “numerous opportunities” afforded and they have “tried to work around the issues”.
She said that now, after a year and a half, the matter was not progressing and she had concerns about the completion of the order.
Judge McAleese had given Bradley 12 months to complete the order
Ms Róisín Haughey BL, barrister for Bradley, asked Judge Aylmer to invoke section 9 of the Criminal Justice (Community Service) Act, 1983, which pertains to the extension of time for performance of work under a community service order.
Ms Haughey outlined several reasons for missed dates in terms of the order, including a medical certificate covering a three-month period due to an injured elbow. There were other reasons given, such as transport difficulty, a family incident and medical appointments.
“There is always an excuse,” Judge Aylmer remarked.
Judge Aylmer questioned why he should grant an extension.
“Where he finds excuse on every occasion,” Judge Aylmer said, “why should I afford him any more time”.
Ms Haughey noted that Bradley, who was present with an arm in a sling, has had a lot of “anguish and distress” in a family matter.
“Reality has very much set in,” Ms Haughey said, informing the court that her client would undertake to put himself in a position where there are no more excuses and will be available of every opportunity afforded.
Bradley has 167 hours outstanding, the court was told and a probation officer said there was a concern about Bradley actually completing the order.
Judge Aylmer extended time for six months to allow Bradley complete the community service order.
“He will not get another chance,” Judge Aylmer said. “He will have to avail of every offer that he gets, be it work, a course or any other methodology.”
Judge Aylmer said he would review the matter in July.
If there is not sufficient progress and if there are still excuses, he indicated that Bradley would be at risk.
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