8:10am Friday 20th November 2009
By Andrew Bellard
AN ALCOHOLIC making the life of flat tenants a misery escaped an ASBO banning him from their complex — because he ‘would not understand’ what it meant.
Residents and a ward councillor have branded the decision by Blackburn magistrates ‘a disgrace’.
The court was told John Bailey had left a 76-year-old woman a ‘virtual prisoner’ in her own home by sleeping in the communal hallway outside her flat off Montague Street, Blackburn.
And after the case other neighbours said they were sick of Bailey, who they claimed had been sleeping rough in the complex on and off for three years.
But magistrates refused to make an order which would have prohibited Bailey from entering the area because they didn’t believe he would understand what was required of him.
Ward councillor Kate Hollern, the leader of the opposition Labour group at the town hall, said: "This is absolutely disgraceful.
"It is madness. How would any of us fancy living like that?
"If this man is so far gone that he doesn't know what he's doing, should he allowed to wander the streets?
"He obviously needs help, and this lady needs protection."
Prosecutor Scott Ainge said it was his public duty to apply for an interim anti-social behaviour order.
Mr Ainge said: “If you release him without an interim order banning him from the area what can be said to that 76-year-old lady who is at home waiting for darkness to fall and wondering what tonight will bring.
“On Monday night he turned up in the hallway and tried to break into her flat. He urinated in the hallway before breaking the handle and locking mechanism of her front door.
“I can’t imagine a more serious case of criminal damage,” said Mr Ainge.
“We have a lady of 76 years of age who to all intents and purposes is a prisoner in her own home.
"Bailey has a problem with alcohol and is said to be not accountable for his actions.
“This lady is a victim of his actions. She can’t sleep peacefully in her own bed because of him.”
But his bid was rejected after Basharat Ditta, defending, said the order would be opposed on the grounds that Bailey was incapable of understanding what was required Mr Ditta said he did not expect any sympathy for Bailey but he hoped the court could understand him.
He said Bailey was homeless and not welcome at any of the hostels in Blackburn.
“What do you do with him?” said Mr Ditta.
“Do you wash your hands of him and treat him like a criminal because he has an addiction or do you try and help him?”
Bailey, 43, of no fixed address, pleaded guilty to being drunk and disorderly and damaging a door handle and locking mechanism.
He was fined £100 which was deemed paid by the time he had spent in custody.
A full application for an anti-social behaviour order will be made in February.
But, after the case neighbours said it should have been imposed immediately.
Brian Emmott, 39, who lives on the top floor of the block of flats, said: “We are just so sick of it.
"We have to keep moving him from the property and cleaning up his mess.
“When I went down on Monday we literally had to stand him up to get him out the back door.
“She is really nice. She's a well-loved tenant and I wouldn't want anything to happen to her.”
Another neighbour, a 48-year-old man, said he regularly had to mop the whole bottom floor of his flats after Bailey urinated outside people's doors.
He said: “They need to get an ASBO for him. Anything to keep him away.”
Karen McBride, police community beat manager for the Wensley Fold and Bank Top area, said police were considering their next move.
She said: “He has been a constant nuisance to the residents and we are looking at the different measures we can put in place to address this issue.”
However, Twin Valley Homes (TVH) which runs the flats, said it was ‘the first time the situation had been brought to its attention’.
Kevin Ruth, TVH executive director, said: “We will visit this lady as soon as possible to offer her reassurance and any other assistance we can provide.”
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