A mature student who pleaded not guilty to three charges after being involved in a fracas outside the Prince of Wales was given until October 24 to come up with €300 for the poor box in order to avoid a conviction.
The court heard how Gary Stewart (31 ), of 16, Bonard, Bealnamulla was arrested for refusing to follow Garda instructions after getting into a row outside the hotel in the early hours of September 16, 2007.
Garda Keith Harrison gave evidence how he had been on nightclub duty on the date in question when he heard a cigarette bin knocked over and noticed the defendant involved in an altercation with a group of other people.
“He was shouting abuse and I told him to leave,” said Garda Harrison.
“He directed his abuse at me then.
“The others moved on so he started abusing the other guard because he hadn’t arrested the foreigners [the other group of patrons].
“He was very abusive”.
“My client says you said: ‘Don’t be smart and don’t tell us how to do our job’,“ said defence solicitor Mr Padraig Quinn.
“No. That’s not correct, said Garda Harrison.
“He was directed to go away on a number of occasions and to leave the area in a peaceful manner but he refused to do so,” said the guard.
“My client said: ‘What’s the country coming to?’ when arrested,” said Mr Quinn.
“I can recall that,” said Garda Harrison.
A colleague, Garda Fergal Greene, then took the stand to corroborate Garda Harrison’s recollection of events.
“The defendant was shouting: ‘Why don’t you arrest those f***ing foreigners?’,” said Garda Greene.
“I remember it quite well. Garda Harrison gave him more than enough chances”.
“Did you hear any of Mr Stewart’s conversation with Garda Harrison?” asked Mr Quinn.
“I did,” said Garda Greene.
“He was cursing and swearing.
He told me to f**k off”.
Inspector Paul Cuttle then asked: “Garda Greene, if the defendant had behaved in the same fashion as the group of foreigners would he be here today?”
“Under no circumstances,” said the garda.
The defendant then took the stand and claimed a friend of his had got into an altercation outside the nightclub with a named individual and was given “a savage beating”.
“This fella was a lunatic. He was going to kill someone,” said Stewart.
He claimed the Gardai wouldn’t act on this and arrested him when he pressed his point.
He then claimed he was put in the same cell as the named individual whom he’d said had beaten his friend.
Inspector Cuttle had offered to bring the custody record from the night in question to the court but this offer was not taken up by the defence.
In cross-examination, the inspector asked the defendant whether his friend had made a complaint regarding this alleged assault.
“I don’t know,” said Stewart.
“He’s very shy and quiet”.
“Do you remember asking Garda Eamonn Cunnanne at 3:25am to make a call. Why didn’t you?” asked Inspector Cuttle.
“The power was gone on my phone,” said Stewart.
“You refused, didn’t you?” said the inspector.
“No,” said the defendant.
The judge dismissed the Section 8 charge (failing to comply with a Garda’s instruction ) but found Stewart guilty in relation to the other two - breach of the peace and being intoxicated in a public place.
Mr Quinn appealed for leniency, notwithstanding his client’s plea of not guilty.
The judge offered Stewart the benefit of the Probation Act - the mildest censure the court can offer without the stain of conviction - if he could come up with a €300 donation for the court’s poor box by the next special sitting of the District Court on October 24.
