A MAN who was charged with trespassing after Gardaí found him in a Kanturk house told a judge this week that he was merely "minding the house."

Gordon Hussey (23) of 4 Oliver's Place Kanturk was facing charges at Mallow District Court of trespassing and causing criminal damage to a house at 16 O'Callaghan Park, Kanturk on April 20 last. Hussey denied the charges which, ultimately, were dismissed.

Tim Cremin from Coolclough, Kanturk, who owns the house at 16 O'Callaghan Park, told the court that he had been renting the property to a jockey and the last rental payment was made for April — May last.

He said he received a call from neighbours who told him that someone was staying in the house. Garda Noel Sexton said that, on April 20, he had received a call to go to 16 O'Callaghan Park at 4.45pm where he found Mr Hussey standing in the sitting room. Mr Hussey said he had been given permission to stay there by the last tenant — a jockey named Liam Jennings. Mr Hussey was subsequently arrested by Garda Sexton on a bench warrant relating to a separate matter.

Gda Sexton said there was damage caused to a window and door.

However, defence solicitor Charlie O'Connor said there was no evidence that his client had caused this damage. "There is really no evidence here, except that some fella called somebody who saw some one. There is no evidence at all," said Mr O'Connor.

Inspector Senan Ryan said Mr Cremin had clearly stated that he did not give permission to anyone to stay in his house. Mr Hussey told the judge that he had been in the house for about two weeks and had moved in clothes, bought food and had two TVs in the house. He said Mr Jennings had said that he could stay there and that he didn't have to pay any rent.

"I was minding the house," Mr Hussey told the judge. The judge said there wasn't any conclusive evidence that Mr Hussey had caused the damage and he dismissed both charges.

In relation to a separate charge brought against Hussey at the same court, Garda Philip O'Neill said that at midnight on Sunday June 27 last at the Square in Kanturk, Hussey was "staggering all over the road," and began to "push and threaten members of the public out of the way." When Garda O'Neill spoke to Mr Hussey of 4 Oliver's Place Kanturk, he told the Garda to "f*** off." He was subsequently charged with being drunk in public and to using threatening, abusive or insulting behaviour in a public place.

Solicitor Charlie O'Connor said Mr Hussey's conduct was offensive, but there was no element of violence.

However, Judge Olann Kelleher said: "I would feel threatened by that kind of behaviour. Telling peole to get out of his way? I have absolutely no doubt."

Judge Kelleher sentenced Hussey to two months in prison for engaging in threatening and abusive behaviour and €300 for being drunk in public.

In relation to another charge against Hussey, Garda Noel Sexton told Judge Kelleher that Gardai were called to go to Watergate Street, Kanturk on June 30 last at 10.40pm as Gordon Hussey was "very intoxicated and was a danger to himself and to traffic." He was arrested and taken to Kanturk Garda Station. Hussey, who pleaded guilty to being drunk in public, was fined €300 by Judge Kelleher for this offence.