A Fermanagh-woman, Michelle Walmsley, who was found urinating in a public place by gardai in Ballybofey was given the benefit of the Probation and Welfare Act by Judge Desmond Zaidan on the grounds that she suffers from a kidney problem.
Garda Michelle Kelly told a recent sitting of Letterkenny District Court that on February 4 at 3am on Glenfin Street she arrested Michelle Walmsley of Tullyhommon, Kesh, County Fermanagh.
Solicitor, Mr Kieran Dillon entered a plea of guilty on behalf of his client.
The Court heard from Superintendent Jim Gallagher that on the date in question Walmsley was very intoxicated and was found urinating in a public place.
He stated that she was unable to look after herself and continued to behave in a clearly obnoxious manner.
He stated that she was very intoxicated and said she was "not in control of her own mind".
Mr Dillon said his client suffered from kidney problems and handed medical reports into Judge Zaidan.
Explaining the events on the night in question Mr Dillon said that Walmsley had gone to Ballybofey to socialise, having recently returned from the Isle of Man where she worked in technical support services for a bank.
During the course of the night she had gone to several hostelries in the town and at approximately 2.30am she had gone to a chip shop and asked to use their toilet facilities.
When she was unable to use them, Mr Dillon explained that she got "caught short" and saw what she thought was a private place "to deal with the difficulty she had at the time".
However the place wasn't as private as she had originally assumed and she was subsequently arrested by Garda Kelly, he said.
He stated that his client was willing to make a contribution to charity and has since apologised to gardai.
Judge Zaidan stated that Walmsley, given her medical problems, should be more careful with her alcohol consumption.
He said he was prepared to give her the benefit of the Probation and Welfare Act, which means a conviction against her will be not recorded provided a payment of ¤350 will be made to the Society of St. Vincent de Paul.
