faces a year in jail if he is found drunk and incapable again.

Mr. Warner changed his mind from jailing Burgess for three months and handed down a fourth conditional discharge for public drunkenness in as many weeks.

"I'm not believing you one bit!'' Mr. Warner said. "My only difficulty with locking you up is it is going to cost Government a whole lot of money to clothe and feed you.

"Prove me wrong! I'm going to give you a conditional discharge -- again,'' he continued. "But if you come back again, I'm going to give you 12 months in Westgate to dry out and get some help. I'm going to give you the maximum I can give.

"Then we can justify the year up there. Don't come back and tell me this foolishness. I don't want to hear any more.

"Every Monday you come back in here and say the same thing,'' Mr. Warner said. "Three times this month. I told you the day before Cup Match not to come back. Didn't I tell you not to come back to Hamilton and do all this foolishness?'' Crown counsel Oonagh Goodred told the court Burgess was found walking in the centre of Church Street at 3 p.m. on Wednesday afternoon.

They saw Burgess spinning about and mumbling to himself as traffic had to slow and drive around him.

Ms Goodred said it was "quite clear'' Burgess was "extremely drunk'' and when questioned was "totally incoherent''.

Burgess' eyes were glazed over and his breath smelled strongly of alcohol and he had a piece of food hanging precipitously from his mouth.

When Police were able to get something coherent from him he said "I was just eating my food'' before drifting off.

Yesterday Burgess told Mr. Warner he was working as a landscaper and was living with a relative and was out celebrating his brother's birthday.

"I went into a liquor shop and got some beers,'' he added. "And this guy, I don't even know him, he hit me on my head that's why I couldn't speak.'' "So it wasn't the booze? Is that what you're saying?'' Mr. Warner asked.

"That too. But he hit me on my head,'' Burgess responded. "I'm trying, I want to get in this programme for my drinking, Harbour Light won't take me and I'm trying to get in Montrose. I need help.'' Burgess was given a conditional discharge for 12 months.