A man who claimed a foldable knife found on his person in the town centre in the early hours was for “layin’ lino” and that he’d forgotten it was still in his pocket, failed in his appeal against a six month jail sentence in the Circuit Court (July 21 ).
“I don’t find it credible that at 2.30 in the morning in a public place that he would have this formidable instrument on him and not know it,” said the judge.
However, when the judge heard how Paul Berry (46 ), with addresses given at Tormey Villas and Assumption Road, could not remember whether he had served an eight month sentence handed down in February 2009 for assault and resisting arrest because “he was on 13 different types of medication at the time”, he suspended Berry’s six month sentence on Wednesday “on condition he keeps the peace and continues to attend addiction counselling”.
Judge Anthony Kennedy heard evidence from Garda David Lynam who was on patrol on August 29, 2009, that he got a call a from a doorman at Coppers nightclub on Custume Place at around 2.30am reporting that “a known male had produced a knife after being refused entry”.
Garda Lynam said he saw Berry outside the Genoa café, and when he searched him, found the knife in his pocket. Berry was arrested, taken to the Garda station and charged with possession of an offensive weapon, for which he was subsequently convicted, and recently appealed.
Defence barrister Gerard Groarke objected to this as said doorman neither gave a statement nor was in court to give evidence.
Berry claimed he was in the Genoa café and called out by Garda Lynam. He claimed that a female member of staff who witnessed this had told her sister, who then told his partner, Ms Fiona Powell, who then told Berry, but that the staff member was unwilling to testify to this.
Berry claimed he had used the knife to lay lino in his son’s room in a house in Cushla Lawns that he shared with Ms Powell at the time, had finished this chore at around 6pm the evening prior to the arrest, and had been still in his workwear when arrested.
“”He was dressed in casual wear. It certainly wasn’t workwear,” said Garda Lynam.
“That is not a Stanley knife. That is a dangerous weapon... He only used the lino excuse in the station after being arrested.”
Though his barrister claimed Berry had been carrying other tools at the time of his arrest, this was denied by Garda Lynam, and later accepted by Berry himself.
“Mr Groarke, you said he was carrying other tools?” asked the judge. “He now says he wasn’t carrying any other tools other than the keyring.”
“That was the instruction I received. It may have been my misunderstanding,” said the barrister.
It transpired that the two screwdrivers, knife, pliers, and scissors on a Swiss Army-style keyring were included by Berry as tools.
In cross-examination, Berry told the State prosecutor, Mr Peter D Jones that he was a “handyman” and that “I’m asked constantly by people to do stuff like this”.
