This article is from page 26 of the 2012-09-18 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 26 JPG
A 22-YEAR-OLD Kilrush man was fined € 500 for breach of the peace after he became irate with gardaí when they stopped him on his pedal bike.
Sean McMahon, 1 Burton Street, Kilrush, was not in court when the case due for hearing was called.
Garda O’Callaghan gave evidence that at 1.20am on Friday, May 25, 2012, he stopped the defendant who was on his pushbike.
“He became very irate from the outset,” said the garda adding that it was “apparent he was highly intoxicated.”
When the garda and his colleague told him he would be arrested “he lashed out with hands, feet and head”.
Garda O’Callaghan said the defendant was then arrested in Burton Street and restrained on the way to the garda station.
“He wasn’t remanded for a while due to his level of violence,” said the garda stationed in Kilrush.
Solicitor for Mr McMahon, Hazel Hehir, asked the garda if her client was on his way home when he was stopped.
“I believe so,” replied the Garda.
“He was peacefully on the way home when you stopped him and questioned him,” she said.
She said her client was 22 years of age and lived alone. She added that he became frustrated on the night in question.
“He is going to England soon to get away from Kilrush and people he hangs around with,” she added.
Judge Patrick Durkin dismissed the section 4 intoxication charges against Mr McMahon, but fined him € 500 for using threatening, abusive or insulting words or behaviour.
He gave him three months to pay with 10 days default.
The judge said he took into account that he had no previous convictions but also had to consider that he did not turn up in court.
He issued a bench warrant on other matters pending against Mr McMahon.
During the afternoon sitting of Kilrush District Court Mr McMahon appeared before Judge Durkin. He told the judge he had left the court to go home for a cup of tea.
The bench warrant was vacated.