A 29-year-old Ballindooley man accused of climbing on to scaffolding during a cold December night, mooning and exposing himself, and then giving gardai a false name, has succeeded in contesting some of the charges against him.
At Galway District Court this week Peter Tiernan with an address at Ballindooley, Headford Road, contested the charges of giving a false name and address, and bending over and exposing his backside and genital area in such a way as to offend modesty at Henry Street, Galway, on December 5, 2010.
Garda Seamus Hurley told the court that at 3.30am he and another guard had been on mobile patrol in the Henry Street area when they observed a male who had climbed onto scaffolding, pulled down his pants, and mooned a number of people passing by. Garda Hurley said that Tiernan had been very intoxicated on the night in question and when directed to furnish his name and address he gave the name of Peter Murphy. However the gardai had not been satisfied with this and the defendant later produced an ID card which showed his real name.
The court further heard that Tiernan had been in the company of a woman who had no involvement in the incident and had her back turned at the time eating a bag of chips. When questioned by gardai Tiernan denied being involved in the incident. Gardai checked for CCTV, however there was none available on that particular corner where building works were taking place.
Defence solicitor Olivia Traynor said that her client is quite adamant that he did not moon and no complaint had been made by any member of the public.
“I saw it myself,” replied Garda Hurley who added: “His rear would have been facing the Garda car, it lasted three to four seconds, the angle we were at we saw his genitals. It is not incorrect...When I came up to him he completely ignored me,” said Garda Hurley.
When Tiernan took the stand he said that he had been at Massimo’s earlier that night and that he and a friend had got chips before walking down Henry Street to get away from the crowds in the hopes of flagging down a taxi. Tiernan flatly denied exposing himself adding that he did not drop his pants at all. When asked by Judge Mary Fahy why he gave a false name Tiernan replied: “I was very nervous. I suddenly realised what a silly thing it was to do and I showed him my wallet with my ID.”
Under cross-examination by Inspector Brendan Carroll Tiernan said that he had two to three pints between the hours of 11pm and 2am and denied giving a false name in order to avoid being identified.
“I was nervous, he wasn’t pointing out what the offence was... The first I heard [of the exposing offence] was when I was charged at 7am. I panicked, it was a very short time between that and showing my wallet,” said Tiernan.
After considering the evidence, Judge Fahy said that she was not satisfied the State had proven the case beyond a reasonable doubt. She then dismissed the charge against Tiernan of exposing himself. However regarding the remaining charge of giving a false name Judge Fahy commented: “He is a man educated to a high level. I’m surprised he acted like this. I wonder if he has an attitude with gardai.” Judge Fahy then remanded Tiernan on continuing bail to December 19 for the preparation of a Garda behaviour report. She directed that if the report is favourable Tiernan is to pay €400 to avoid a criminal conviction.
