A man, who caused a disturbance in housing estate in the early hours of the morning and then raised his fists at gardai, was sentenced to a total of seven months at Galway District Court this week.
Kevin McDonagh (35 ) with an address at 60 Sli Burca, Knocknacarra, appeared before Judge Mary Fahy last Monday charged with resisting arrest, being intoxicated in a public place leading to a breach of the peace, and with threatening and abusive behaviour at Sli Burca, on August 5, 2008.
According to Garda evidence, a call was received at 3am approximately to go to Bhan na Burca, Knocknacarra, where gardai spoke to a number of people including the defendant. They directed the defendant to leave the area which he did, however, 40 minutes later gardai were again alerted to another disturbance in the same area. When they arrived they found the defendant to be highly intoxicated and unsteady on his feet. They again directed him to leave the area. The defendant informed them that he was going to his home in the estate.
Later that same morning, there was a third complaint and when the defendant was approached by gardai he stood up, took off his jacket, and raised his fists at them. He then told gardai that they would have to get another car.
Defence solicitor Valerie Corcoran said that the defendant lives near the area where he was found drunk and that “he was going in the direction of home”.
The Garda witness replied that the first call was for an incident in Bhan na Burca, the second in Sli Burca and on this occasion the defendant had been seen entering his house. However when they responded to the third complaint he was found 20 to 30 metres from his house at the end of the estate at 4.25am.
Ms Corcoran said that McDonagh had been going to his sister’s house to which the Garda officer replied that he had been found sitting on the ground with another man who had run off when they arrived.
“The gardai were called three times because people in the estate couldn’t sleep. I want to hear an explanation,” said Judge Fahy.
Ms Corcoran replied that McDonagh had “got extremely drunk” but has addressed the issue since. She added that his wife had just given birth to their eighth child.
The court then heard how the defendant had 48 previous convictions which included public order offences and a firearms offence in April 2008 for which he received three months in jail.
For resisting arrest the defendant was sentenced for five months and for abusive behaviour a further two months consecutive sentence was imposed. For being intoxicated he was ordered to pay €100 forthwith. An appeal was later lodged.
