A BEGGAR who was accused of harassing people for cash to fuel a drug habit has won a court battle after the Town Hall and police tried to ban him from Camden Town.
A request to Highbury Magistrates Court this week to impose an interim Anti-Social Behaviour Order (Asbo) on Ruairi Kells (pictured), 26, was thrown out on Monday – the first time this has happened at the court since the law was made in 1999.
In April, a meeting between police, community support officers and Town Hall officials decided Mr Kells was causing ‘harassment, alarm and distress’ by sleeping rough outside the Odeon Cinema, Parkway, and begging in Royal College Street.
They wanted to ban Mr Kells from entering the boroughs of Westminster, Camden and Islington.
But the hearing was adjourned last Thursday after District Judge James Henderson expressed concern over notes taken at the meeting.
Unaware of the application, Mr Kells had since moved into a hostel in Parker Street, Holborn, in April and began to rebuild his life, the court heard.
Clare Hazelwood, Mr Kells’ substance abuse worker who met Mr Kells at Conway House, a hostel in Kilburn, told the court of Mr Kells’ efforts. She said: “He moved into Parker Street on April 20. Ruairi has not spent a night away from the hostel since he joined. He is due to begin a course of study at the Irish Centre in Holmes Road and another in theatre studies course in August.”
Ms Hazelwood said Mr Kells’ also suffered from a thyroid condition that could be confused with a drug addiction.
She added: “He often has bulging eyes, or starts sweating or shaking and can be very unsteady on his feet. The condition affects his mood and he can seem tired and apathetic.”
Defence counsel Theresa Hendrickx said instances cited by the police of rough sleeping, drug-taking and anti-social behaviour since Mr Kells took up residence in Conway House resorted to the “lowest form of hearsay”.
She said: “The anti social behaviour legislation states Mr Kells must be found to be an immediate threat. At this time this cannot be deemed the case.”
District Judge Henderson said: “It is clear to me that up until Mr Kells moved into Parker Street there was ample evidence of anti-social behaviour. But now I do not consider it just to make the order.”
Outside court, Mr Kells was jubilant. He said: “I am so pleased I can keep getting on with my life. I am a history maker.”