This article is from page 16 of the 2012-11-06 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 16 JPG
A MAN who used a hammer to bang on the door of an Ennis pub in protest over noise has been fined € 200.
Patrick Cunningham (49) used to hammer to strike a door near Kelly’s Bar on Carmody Street, Ennis on November 14 (2011).
Mr Cunningham, with an address at 3 Carmody Street, Ennis, denied charges of criminal damage and provoking a breach of the peace at Ennis District Court on Friday.
The court heard that two witnesses observed Mr Cunningham striking the door with the hammer.
John Kelly, who was working in the bar at the time, was outside the premises, when he saw Mr Cunningham leave his house on 3 Carmody Street.
He told the court that the accused came out onto the street with a hammer and struck an adjoining door of the bar. Mr Kelly said that Mr Cunningham then turned around and walked back into his house.
Veronica Cassidy, Mr Kelly’s girlfriend, was also on Carmody Street when she saw Mr Cunningham strike the door with the hammer.
Garda Colin Egan, of Ennis Garda Station, said that at the time of the incident, CCTV cameras in the area were pointed in a different direction.
Garda Egan told the court that a slight mark had been left on the door but there was no “substantial damage.”
Mr Cunningham admitted that he had struck the door lightly with the side of a hammer.
Asked by defence solicitor Tara Godfrey why had he acted in such a fashion, Mr Cunningham said, “It was noisy and it was driving me mad at the time.”
Inspector Tom Kennedy put to the accused that he had walked onto the street at 9.30pm with a hammer in his hand.
Mr Cunningham said, ‘I was made at the flipping noise.”
Mr Kelly told the court that he had not received any complaint from the accused regarding noise from the pub.
Judge Aeneas McCarthy struck out the public order charge against Mr Cunningham following an application from Ms Godfrey. He convicted the accused of criminal damage and imposed a € 200 fine.
Ms Godfrey told the court that her client, originally from Dublin, had battled problems with alcohol.
She said Mr Cunningham apologised for any inconvenience and distress caused.