Rishton woman breaches ASBO for fifteenth time

4:43pm Tuesday 11th November 2008

A NOISY neighbour has flouted an Anti-Social Behaviour for the fifteenth time.

Tracey Kirby, 34, may now be given a place in a supported housing scheme away from Cliff Street, Rishton, because she has mental health problems, Burnley Crown Court heard.

Kirby had her stereo confiscated in March after playing Madonna tracks and rap music loudly at all hours of the day, making neighbours’ lifes ‘unbearable’.

But she was brought before court again this week after continuing to break the ASBO which was designed to give her neighbours some peace.

Sentencing was adjourned until December to see if there was a place in a supported housing scheme.

Judge Simon Newell said the difficulties she had caused to her neighbours ‘may not entirely be her fault as others may have taken advantage of her situation’.

But he said he had to protect residents.

Judge Newell said: “This is to try and find you better and more permanent accommodation where you are not left on your own, where other people take advantage of you and the neighbours are disturbed."

The judge said he would like to pass a constructive sentence and added :"I am looking at a community sentence unless something totally out of the blue happens."

The defendant admitted breaching the ASBO on July 3.

Silvia Dacre, prosecuting, told the court the order had been applied for by Hyndburn Borough Council after Kirby caused harassment, alarm and distress to her neighbours. She had flouted it a number of times because of her association with a particular person who was spotted by neighbours at her home, Mr Dacre said.

An interim ASBO was made in July 2007 and she first flouted it in the August.

She then breached it a further 11 in all.

A full ASB0 was imposed in March 2008, she flouted it four times and had served 90 days in prison in May. The latest breach was reported by a neighbour who heard banging on the door at 9.45pm.

Adrian Williams, for Kirby, said her pre-sentence and psychiatric reports made sad reading.