Published Date:
03 July 2009
By Staff Copy
DRUNKEN street alcoholic John Martindale - known as Bernie - has been caught drinking cider outside a church in Beverley after early release from Hull Prison.
Martindale (65), who admitted being in breach of an Anti-Social Behaviour Order, is a serial offender with 92 court appearances for 122 offences between 1957 and 2009 – 27 for being drunk and disorderly.
His jailing for eight months last September for breaching an Anti-Social Behaviour Order sparked public debate about whether drunks should be given ASBOs.
He was back in the dock at Hull Crown Court again this week for the ninth breach of his ASBO on May 29 – one month after he was given a three month jail sentence from which he was released early.
“Mr Martindale was seen by a police community support officer outside the Catholic Church in Beverley on May 29,” said Crown barrister Julia Baggs.
“He has an ASBO which prevents him drinking alcohol in a public place. He had with him a two-litre bottle of cider. He confirmed he had been drinking from the bottle before being asked to pour it away.”
Defence barrister Charlotte Baines told the court Mr Martindale said he had not been violently abusive while sitting outside church which showed a “de-escalation” in his pattern of offending.
She said: “He had wanted a prison sentence. He is comfortable in prison. He is reluctant to admit he has alcohol problems.”
Recorder Carl Gumsely said: “It is quite clear the public are sick of you breaching this order and the courts are quite sick of you breaching this order.
“The solution is not to drink your life away. The fact is you have a severe drink problem and you have to sort your life out. You also have psychological issues and you have to sort those out too. There are people who want to help and are willing to help.”
He was told he would be given a chance by not being sent to prison again, but given a two-year community order with a specification to attend an alcohol treatment course.
The judge warned him any breaches of that order would start again the cycle of him being jailed.
Before he was taken to the cells, Mr Martindale said: “I totally respect you. I am sorry for what I have done. I am overwhelmed by what you have done and want to thank you.”
But Recorder Gumsley said: “I have put faith in you Mr Martindale and you must have faith in yourself. It is not going to happen overnight. There is no magic wand. You have to keep off the drink.”
In the past Mr Martindale breached his ASBO within two hours of it being imposed by Beverley magistrates. He did not take up Judge Michael Mettyear’s suggestion at his last court appearance on May 1 to leave the area and “go down south”. The effect of the new community order was to allow him to be released from prison.
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Last Updated:
02 July 2009 9:23 AM
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Source:
Driffield Post
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Location:
Driffield