A Mayo man who filmed gardai making an arrest and shouted that he was going to upload the clip on YouTube has been given the benefit of the Probation Act.
Daniel McLoughlin (26 ) with an address at Achill Sound, Co Mayo, appeared at Galway District Court on Monday charged with being intoxicated in a public place, and threatening and abusive behaviour at Eyre Square on March 11, 2010. A charge of obstruction of a peace officer was struck out.
Inspector Pat McHugh told the court that at 1.26am two gardai had been trying to arrest a woman for public order offences when the defendant approached and started filming the incident with his mobile phone. The court heard that McLoughlin had shouted to the large crowd that had gathered that he was going to put the clip up on YouTube the following morning. When the gardai asked McLoughlin to desist from filming he shouted, “You are a bollox” and “fuck off”. He eventually switched off the phone.
“Filming in itself is not unlawful,” said Judge Aeneas McCarthy.
However, Inspector McHugh explained that it “was the manner” in which McLoughlin had been filming that caused concern. “It was felt that the way he was shouting would create a further incident,” said the inspector.
Regarding the initial arrest of the woman, defence solicitor Sarah O’Dowd said that the defendant had been in a drunken state and he had felt that that person was in distress. Ms O’Dowd added that the incident had been out of character for McLoughlin who is in a relationship and has recently returned to college to study construction management.
Judge McCarthy then applied the Probation Act Section 1(1 ).
