A man who threatened to “sort out” his elderly neighbours following a noise complaint, and spat at a garda on another occasion after roaring abuse, was sentenced to a total of 10 months in jail at Galway District Court yesterday.
Donal Burke (41 ) with an address at 68 Gleann Rua, Lurgan Park, Renmore, pleaded guilty to a number of public order offences, obstruction of a garda, trespass, and failing to leave a building in a peaceable and orderly manner on various dates.
Inspector Mick Coppinger told the court that on January 22, 2009, at 11.40pm gardai responded to reports of a noisy party at Clareview Park in Ballybane. They spoke to residents at the house holding the party and told them to turn down the music. The gardai then went next door to speak to an elderly couple who had made the complaint. A few minutes later Burke, who was very agitated and aggressive, tried to force his way into his neighbour’s house. When told to leave the premises he said to Garda Karyn Lynagh he would “do 20 years for her”. Then he said to the couple if they called gardai again “he’d sort them out”.
On May 15, 2009, at 12.40am at Eyre Square the defendant was found in an extremely intoxicated state outside Cuba night club where he was being restrained by security staff. He was taken into custody for his own safety.
The inspector said that gardai were in the Gleann Rua area of the city on May 6, 2009, and were dealing with a number of individuals when the defendant approached the patrol car, stuck his head in the window, and started abusing the gardai calling them “pricks, wankers, and useless f**kers”. When gardai were trying to arrest Burke spat out at Garda Caroline Hayes and “it landed on her patrol jacket”. The court then heard how the defendant had two previous convictions which included two counts of assault in 1997 for which he received a six month sentence.
Defence solicitor Olivia Traynor said that her client wished to apologise to the elderly couple. She said that issues had arisen before in relation to noise and that he knows his behaviour was despicable. Ms Traynor said that Burke, who has serious drink problems, had not been involved in the initial incident on May 6 and had “stuck his nose in”. She said that Burke had got very excited, there was spittal on his mouth, and he did not spit at the garda intentionally.
Describing Burke’s behaviour as unacceptable Judge Mary Fahy said that it was obvious he had a “short fuse”. She then convicted and sentenced Burke to 10 months and fined him €200.
