A man who was intoxicated whilst in charge of care for a two-year-old has been made subject of a restraining order banning him from having sole care or custody of a child under 18 for 12 months.
Upon hearing that a breath test conducted on the 36-year-old indicated he was over five times the legal drink driver limit, the deputy district judge commented: “191? That must be a record. That’s pretty close to being dead.”
Nelson Fortes, of Garvaghy Park in Portadown, appeared for sentencing on being drunk in charge of a child under seven in a public place at Craigavon Magistrates’ Court on Friday.
Prosecution outlined that on January 1, at 12.15pm, police received a report from a member of the public that a male, who appeared intoxicated, had no control of a young child in his care at Rushmere Shopping Centre.
Officers arrived to find this defendant and a two-year-old child at the rear of the shopping centre.
The child had cut their leg after falling, with Fortes falling on top of them as a result.
Police observed a bottle of whiskey on the ground nearby and a breath test conducted on the defendant gave a reading of 191mg of alcohol in 100ml of breath – over five times the legal drink drive limit.
Fortes told officers that he had taken the child, his nephew, for a walk and made full admissions to the offence before the court during interview.
Deputy District Judge Chris Holmes commented: “191? That must be a record. That’s pretty close to being dead.”
Defence solicitor Philip Reid stated that the safety of the child was “paramount” and that his client had “fully admitted culpability” for the offence.
Deputy District Judge Holmes said: “It is the age of the child…there are two many ramifications when looking after a two-year-old.
“However, I am prepared to accept this is a person of previous good character and that this was a horrible mistake on your behalf.”
The deputy district judge added that his sentence would be twofold, namely a conditional discharge for a period of two years and a 12 month restraining order prohibiting Fortes from having sole care or custody of a child under 18.
