A FOOTBALLER from Falmouth given a curfew for violence has had it lifted so he can go on a month's holiday.
The decision by magistrates to relax Nathanial McIntosh's curfew has been branded "ludicrous" by one victim of an unrelated crime.
McIntosh, of Prislow Fields, appeared in court last month charged with a public order offence in Newquay on August 21.
He pleaded guilty to using threatening, abusive or insulting words or behaviour with intent against three people and was given a 12-week prison sentence, suspended for a year.
A record of the hearing before magistrates at Bodmin, on January 22, said it was because of the level of violence, the "sustained attack included kicks which resulted in injury" and previous convictions – including an assault in 2010 when he received an identical sentence. They also ordered an immediate eight-week curfew, to stay at home from 7pm until 6am daily.
But the 23-year-old went back to court asking for an amendment saying he had already booked a holiday to Thailand.
Magistrates at Truro agreed, relaxing the curfew for the duration of the holiday, to begin again on April 3.
Alison Gilbert, of Penryn, had her home broken into last year – the offender, who was not McIntosh, was jailed.
She said: "It's absolutely ludicrous that the curfew has been relaxed and says the law is nothing; bends to suit you.
"If you have a pre-booked holiday it can be an inconvenience but what about the inconvenience to the people he has caused harm to?
"He should have thought about that before."
Peter Chapman, chairman of the Magistrates' Association's sentencing committee, said: "If the curfew clashes with work, a pre-booked holiday, a relative's wedding, or a job interview, magistrates can adjust the curfew as they see fit. The punishment imposed by a curfew consists of the number of days and hours on which the offender's liberty is restricted by having to be at home.
"If the magistrates wish the offender to suffer a financial loss, they will order a fine to be paid.
"They will not add to the punishment by forcing the offender to suffer additional financial losses from losing irrecoverable deposits."
A Ministry of Justice spokesman said: "Only courts can vary the requirements imposed under suspended sentence – this is solely a matter for them."
Last month McIntosh was also fined and banned from the road for drink-driving at three times the limit at Breage, near Helston, in June.
He previously played for Falmouth Town AFC but now plays for Wendron United.
Manager Paul Murray said: "Nathanial has always been a pleasure and I don't get involved in (players') personal lives."