A country and western fan with a long history of disturbing his neighbours by playing his music too loud walked free from court again yesterday.
Michael O’Rourke, 55, had his sentence deferred for another three months so he could prove he was capable of behaving.
It followed his last appearance at Peterhead Sheriff Court in February, when a sheriff warned he was “out of alternatives” to prison if he breached his latest antisocial behaviour order (Asbo).
In the most recent incident, police were called out at around 10pm on February 10, when a neighbour in Gadle Braes, Peterhead, complained that his floorboards were vibrating with the volume of the rocker’s music.
O’Rourke admitted the breach and sentence was deferred in order for him to prove that he could behave.
He was spared again yesterday when Sheriff Marion McDonald chose to continue the deferral until July.
“I’ll continue this for a further three months to make sure you continue to be on good behaviour,” she said.
O’Rourke’s solicitor, Stuart Flowerdew, had earlier told the court his client was in a position to pay a fine.
Mr Flowerdew previously said O’Rourke was seeking help to stop his offending, including visiting an ear specialist for advice on his hearing and attending Alcoholics Anonymous.
The case was deferred by Sheriff Andrew Miller on February 23 to find out if O’Rourke could go two months without another incident.
Warning O’Rourke that he had exhausted his chances, Sheriff Miller said: “The court is doing everything it can to find some constructive way of dealing with you other than sending you to prison for a couple of months.
“I’m leaving it in your hands, Mr O’Rourke. You are out of alternatives now.”