At about 3 pm on 2 April, two police constables found Helder Miguel Martins de Freitas (37), of David Place, in the flower beds near the Cedars bus stop in Green Street, the Magistrate’s Court heard.
Centenier Peter Garrett said the officers immediately noticed a strong smell of intoxicants and saw that the defendant’s clothes were damp and covered in mud. The defendant was unsteady on his feet and unable to talk.
Contact was made with the Shelter Trust but the court heard they refused to accommodate him that evening. He was also unable to provide an address for where he was living.
The court heard that he attempted to walk away but stumbled straight into the road when a car was passing. He was consequently arrested for being drunk and incapable.
Advocate Catriona Fogarty, defending, said that de Freitas had had problems with alcohol since 2008 when his marriage broke up. The lawyer said that de Freitas would like to see the Probation Service on a voluntary basis to try to get help to tackle his drink problem.
In issuing the court’s sentence, Relief Magistrate David Le Cornu said: ‘It is clear to me that you have a problem with drink and you have asked for the opportunity to attend Probation and seek support.
‘However, if you reoffend, you can expect the court to deal with this matter in a much more serious way.’
