Woman asks Kerry judge to remain in prison
The KerrymanA woman asked a judge to see if she could remain in prison at Tralee District Court, stating she needed the support provided in jail to overcome a cycle of drug-use and shoplifting.
Louise O’Brien (44) of Fountain Court, Tralee appeared for sentencing for a number of theft convictions from various Tralee retailers, in addition to a burglary conviction and a trespass conviction after she passed a barrier at Smyth’s Toys at Christmas time. The thefts from various Tralee retailers totalled €1,538.25 in value and were committed between June 2024 and August 2025.
Ms O’Brien pleaded guilty in February and was remanded in custody so a probation report could be prepared.
With the new report in hand, Judge David Waters suggested a one-month release from custody under the supervision of probation services before sentencing.
But Ms Liston explained her client wished to remain in prison to avail of counselling.
“She wants to stay inside because she has those services,” said her solicitor, Nuala Liston. “That remains her position.”
Ms O’Brien politely addressed the judge from the dock.
“I’d like to refuse probation, your honour,” she said.
In a letter read by her solicitor before the court, Ms O’Brien said she needed months in custody to address her habits and her time served was “not enough” for permanent change.
“I owe this to my children, to give them a chance at a normal life,” she said in the letter.
Ms O’Brien had been granted bail just before Christmas, taken it up briefly in January and voluntarily relinquished it on January 21.
“She has formally indicated she doesn’t want probation,” said the judge.
Ms Liston said that being incarcerated over Christmas had a profound effect on her client’s children and this had cemented her client’s determination to change. By refusing probation, Ms O’Brien meant no disrespect to the court.
“She just feels the structures that she can avail of when she gets out, with small children, are not sufficient,” said Ms Liston.
She had told Ms Liston that, if released, she feared she would shoplift again within two weeks.
The judge sentenced her to seven months in prison for the thefts and burglary, to run concurrently and backdated to January 21, taking into consideration the trespass conviction.