Judge tells man to move away

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Monday, May 04, 2009
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This is HullandEastRiding

A HOMELESS man jailed again for drinking alcohol in the East Riding has been urged to move out of the area by a judge.

John Bernard Martindale was told to "go down south" on his release from prison.

The 64-year-old, nicknamed "Bernie", was caught breaching his anti-social behaviour order (asbo) by drinking alcohol in public on April 6.

The incident happened after he was released from a jail sentence imposed at Hull Crown Court in February for another breach of his asbo in January.

This is Martindale's eighth breach of his asbo, which prevents him from drinking and causing a nuisance in the East Riding.

The honorary Recorder of Hull and the East Riding Judge Michael Mettyear told him to "leave us alone up here" as he sentenced him to three months in prison.

When he was jailed in February, Martindale had said he intended to move south and stay with family there.

The court heard he had breached his asbo on April 6 by drinking a bottle of cider.

Judge Mettyear summarised the case by saying: "This is a man who gets released from prison, goes out celebrating with drinks and breaches his asbo."

Prosecutor Andrew Wilson said the offence was the same as the "vast majority" of his breaches.

Sentencing Martindale, Judge Mettyear said: "You are a pathetic character – you keep committing these offences.

"I am going to give you three months' imprisonment.

"Go down south when you get out and leave us alone up here."

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33 Comments

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    by Laura, Cambridge

    Thursday, July 23 2009, 1:54PM

    “Calling him pathetic won't solve anything- going down South will probably lead to a breakdown in communications between various public protection authorities and cause further harm to Bernie and others....Why waste tax payers money sending him to prison which won't make him face up to his problems and cost the public next time he offends.”

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    by Shirley, Hull

    Wednesday, May 06 2009, 5:23PM

    “I have reported Pete, Hull for his post on the grounds that it may incite others to violate the homeless. I suggest others who object to his post do the same. Pete, you are one sick individual - get help NOW!! Alternatively, move down South.”

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    by ellie, beverley

    Wednesday, May 06 2009, 3:14PM

    “Pete, Hull you should be ashamed of yourself for that comment - would you like it if someone said that about you or your family? this man needs help and the judge should also be ashamed. Like someone else said the judge just doesnt want it 'on his doorstep'. Bernie I really hope you get the help you need. I always thought you were pretty harmless and you always used to make me smile when i saw you sat outside Wilco's and Push in Beverley singing your head off !”

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    by jon, Hanlaby Rerd

    Tuesday, May 05 2009, 11:07AM

    “How can you give someone an asbo for a whole county? And if it's your chosen home, then how can one be expected not to breach the asbo? The asbo is almost as ludicrous as the judges comments to "Go down South...". Ha! Only in Hull eh?”

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    by Jerry, Hull

    Tuesday, May 05 2009, 9:07AM

    “What a bunch of hypocrites! Apparently a bad start in life doesn't excuse her actions - that was how the the majority of comments read about the pregnant teen thug last week. However, Mr Martindale's behaviour is excused due to suffering from some tragedies in his life. Make your minds up!”

  • Profile image for This is HullandEastRiding

    by Yaffle, Beverley

    Tuesday, May 05 2009, 7:38AM

    “Anne - I cannot condone what he's done in the past, but what makes you a better person? You may have said it jokingly, but you imply that you want to send him to mexico so he will die from Swine Flu...

    ...how civilised of you!

    John Martindale is a troubled person who needs greater social support than being thrown in and out of prison. He needs enforced support regarding his drinking and mental health issues. The prison service has clearly failed him. He needs to start to claim responsibility for his actions and change his own life, but without the support he will never do this on his own after so long.

    I don't know what the answer is, but to me he needs compulsary support from a secure clinic. If the authorities can force prison on him, then I would hope they have the powers to enforce the help he actually needs.”

  • Profile image for This is HullandEastRiding

    by Jonathan, Cottingham

    Monday, May 04 2009, 9:35PM

    “The guy has breached his ASBO. The sentence *should* be imprisonment. In this case it has been.

    However it seems completely disproportionate when you consider all the cases where prison sentences are not awarded, and since people - I read today - are now seeking to overturn the Baby P stepfather' sentence for raping two year old (how can they live with themselves?) under the Human Rights Act where are the hoards looking after this man's human rights?”

  • Profile image for This is HullandEastRiding

    by anna, beverley

    Monday, May 04 2009, 9:05PM

    “God, I can't bear this man. The amount of times he's given me grief whilst I've been trying to put money in the parking meter outside the push ... can't understand his fan club at all. He's an abusive, revolting, smelly old man, causing a load of noise with that stupid boom box and vile language - enough to put anyone off coming to Beverley. Send him off to mexico.”

  • Profile image for This is HullandEastRiding

    by pete, Hull

    Monday, May 04 2009, 8:34PM

    “let him drink himself to death then throw him in the Humber”

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    by Ian Hale, Johannesburg, South Africa

    Monday, May 04 2009, 4:11PM

    “That is not a solution, the judge has proved himself an idiot. Nothing like being insensitive”

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