A JUDGE told an irate man who just had his case dismissed that he needed to be sure if he wanted to appeal his dismissal to a higher court.
The defendant was before Galway District Court charged with begging and being drunk in public.
Martin Burke, 62 An Tornóg, Headford Road, Galway repeatedly demanded that his case be heard before the Criminal Courts of Justice when he appeared in custody at Galway District Court. Judge John King had to repeatedly inform him that such minor matters were normally only dealt with before the local District Court and, in addition, he normally didn’t grant free legal aid on minor public order charges.
Burke was unhappy with how proceedings were being handled and at one stage the Judge ordered him removed down to the cells because of his interruptions.
Garda Mick Hehir gave evidence of encountering Burke in Eyre Square on the evening of August 29 last. The defendant was begging and in a highly intoxicated state. He spoke to him, took his name and address and ordered him to leave the area.
He was told that he would be going to Court, but was not arrested on the night, Garda Hehir said. He added that the defendant was so intoxicated that “he was a danger to himself and others.”
Burke insisted that he had not been properly summoned to appear, stating “I respectfully ask for a strike out”. The Judge informed him that the summons had been correctly served on him in person. Burke, at this, said he wanted to plead guilty.
However, Judge King had other ideas. “My concern is if he was a danger to himself and others, why was he allowed to walk free?” and because of this he was dismissing the case and he related this to the defendant.
Burke, however, continued to insist that he wanted the now dismissed case to go before the Criminal Courts of Justice. “Are you sure?” the Judge queried. “I’ve dismissed”.
