A man with five previous assault convictions who appealed a two month sentence for calling a garda “a pig”, had his case adjourned until July and was given a chance to keep his word or he would be sent to jail.
Eamon Martin (23 ), of Meadow View, Bonavalley, Athlone was in the Circuit Court this week (December 5 ) to appeal the sentence handed down on November 4 for his behaviour on the streets of Irishtown in the early hours of September 14.
Garda Thomas Neary told the court he had been called to a row outside Houricans pub on the night in question and had found the defendant “very intoxicated and a danger to himself and others.”
“He shouted out ‘pigs’ at us,” said Garda Neary, who subsequently arrested Martin and charged him with two public order offences for which he was convicted last month.
When asked about Martin’s previous convictions, the garda said: “There’s quite a bit.”
In court last Tuesday, his barrister Niamh Connellan said her client had not been involved in the row outside the pub and the garda agreed. “It was after the row and the people had left, that’s when he started being abusive,” said Garda Neary. Ms Connellan told the court her client was in employment, from a good family, and had not come to the attention of the Gardai since this. However, Judge Anthony Kennedy was not impressed.
“The family may be good, Ms Connellan, but he’s not. And the case was only last month. He’s not getting credit for keeping his nose clean for a month,” said the judge.
Letters of testimony were handed into the court on the defendant’s behalf from Martin’s employer, former mayor of Athlone Cllr Paul Hogan, and Athlone GAA club.
The defendant took the stand and admitted his list of previous convictions “was embarrassing” and admitted his behaviour was drink-related. “Who do you keep beating up?” asked the judge. “It’s just rows I keep getting in,” said Martin. “You were bound to the peace for three years. It means nothing to you. You get your suspended sentence and carry on the rampage,” said the judge. What guarantees can you give the court?”
“To stay out of trouble, stay out of town, mind my ways,” said Martin. “How many judges have you said that to?” asked Judge Kennedy. Peter D Jones cross-examined for the State.
“Any good row going and you’re in it. You’re basically out looking for trouble,” he said. “Why shouldn’t you go to prison for two months? You get your chances, you give your word, and then your attitude to the court’s leniency is to turn around and call gardai pigs at two in the morning with your chest pushed out. Do you just think you can do what you like?”
Martin’s father was next to speak and told the judge the “immaturity” of his son was “deeply embarrassing” to him and that he wished to apologise to the court on behalf of his son.
“You don’t have to apologise for him. He’s an adult,” said Judge Kennedy. “What are we supposed to do? He’s a menace, a local bowsy. I have a duty to the public.” Mr Martin told the judge the two month sentence was the “short, sharp shock” his son needed.
“It doesn’t seem to be any skin off his nose,” said Judge Kennedy, before noting the defendant also had a disqualification for drink driving. “It’s not your fault and it’s not your problem,” said the judge before adjourning a final sentence until next July’s sessions of the Circuit Court.
“If he puts a foot wrong between now and then he’s going to jail,” said the judge before giving the State full leave to re-enter the case.
