Judge ‘astounded’ at council over arson tenant

A man who caused €31,000 worth of damage to his council house in Athlone by tossing a cigarette onto a leaky petrol can, causing the kitchen to go up in flames, has been handed a fully suspended sentence.

Judge Kenneth Connolly apologised to taxpayers who had to foot the bill after Westmeath County Council paid for alternative accommodation for George Hersee (59), while they shelled out €31,000 to refurbish the Brawny Square, Athlone, council house he had set alight after a drunken argument with his son. Mr Hersee later received €5,000 to carry out further refurbishments.

Mr Hersee previously pleaded guilty to the reckless arson, which occurred at his home on May 18, 2024, after he and his son had been at the Kilbeggan Races, and had argued after arriving home.

John Shortt, Senior Counsel for the defence, told the court that the probation service had deemed Mr Hersee suitable for community service, but a GP report said he was fit to perform “light duties only”.

Judge Connolly said he’d hoped there would be more sentencing options available to him to offer some compensation to Westmeath County Council and taxpayer for the expense.

“The taxpayer would be disgusted, as am I, to hear that Westmeath County Council paid €31,000 to refurbish the property in circumstances where he, in a highly intoxicated state, chose to commit arson,” he said.

“I was agog when I heard the council paid for his accommodation. I’m absolutely astounded and it’s very difficult for the court, in a criminal context, to take such a serious view that it would commit him to prison, when seemingly the owner of the property doesn’t seem to take any regard for it at all.”

Mr Shortt, in mitigation, told the court that his client has certain health difficulties, but has always involved himself positively in the community. A statement of means revealed he would be unable to provide any compensation for his offence.

“I’m very disappointed my options are so limited, though they are limited only by myself,” said Judge Connolly, noting that the maximum indicative sentence for the charge was a period of life imprisonment.

“But what good does it do society to put him behind bars at substantial cost to the state? Absolutely none whatsoever, so my options are a suspended sentence, community service or a fine.”

He had hoped there would be some gesture of recompense, he added, but noted the financial state of the accused. He also stated that the task of ensuring any community service duties were “light”, would put too much pressure on the probation service.

Evidence was previously heard in court of how Mr Hersee and his son, Billy, had argued following a day at the Kilbeggan Races. Billy left the room but heard a “whoosh” sound and found that his father had set fire to the kitchen, using petrol and a flicked cigarette.

He recorded the incident on his phone, which captured Billy saying, “you are burning the house down, is that what you are doing now?”, to which the accused is heard replying “yep”.

The accused grabbed a fire blanket to attempt to control the blaze, but then left the property and was not present when emergency services arrived.

When interviewed by Gardaí, he said there was a leaking petrol canister in the kitchen and that he had flicked his cigarette towards the sink, but missed, and caused the kitchen to go up in flames.

“The court takes that with a pinch of salt,” said Judge Connolly.

He noted that Mr Shortt, in mitigation, had said Mr Hersee was “house proud”, having lived in the council house since 2007, but opined “that’s not evident from the photos I saw” of the damage to the property.

In mitigation, he did note an early plea of guilt, the fact that Mr Hersee had only one conviction for public order in 1992, and no subsequent convictions. He has also been a “good community crusader” over the course of his life.

Judge Connolly set a headline sentence of five years, which he reduced to three years and six months, but suspended in its entirety for five years on the condition that he enter into a bond to keep the peace and be of good behaviour for five years, and a one year probation supervision bond.

“I would like to have been much harsher, but I have a duty to administer justice according to my oath and I will do so,” he concluded.

Funded by the Courts Reporting Scheme