A 19-year-old man who was in court for two public order charges was told by the presiding judge, Judge Conal Gibbons that “he has no manners” and no “concept of how to behave in court or towards the gardaí.”
At Castlebar District Court on Wednesday, Inspector Joe Doherty outlined that on January 1 2011, a garda who was on patrol on the Old Westport Road attended a disturbance at the main entrance to Mayo General Hospital where the Traffic Corp had stopped the car of Charlie McDonagh, 35 Cois Abhainn, Castlebar (now residing in Longford ). The defendant was agitated as gardaí were attempting to seize his vehicle.
McDonagh told Garda O’Brien, “A good box in the mouth is what you’ll get... I’ll get you off duty.” The defendant was told to desist with his behaviour, however he continued his abuse. McDonagh ran off when gardaí attempted to arrest him, but he was apprehended after a chase.
At Castlebar Garda Station the defendant was afforded the opportunity of an adult caution, however he refused. McDonagh has no previous convictions.
The court heard that the defendant failed to appear at court in July because it was the same date as his wedding.
Solicitor Lynda Lenehan applied for legal aid. Judge Gibbons asked the defendant to take the stand so he could ask him about his means. The defendant, who is unemployed, told the judge that he pays €100 rent a week and drives a 2007 Toyota Avensis. Judge Gibbons asked the defendant how much he paid for his car to which McDonagh said around €6,000. When asked how he had the money to pay for the car the defendant said that he had received €30,000 compensation out of an accident. The judge continued to ask the defendant about his means and McDonagh became defensive then pointed at the judge and asked “how much did you pay for your suit?”
The judge said that the defendant’s actions in court echoed his behaviour on the day of the incident “as when I asked him here about his means all I got from him was cheek and smart answers”. Judge Gibbons added: “If he thinks that he can behave to me the way he did to the gardaí he will get a rude awakening.”
Judge Gibbons refused legal aid.
The judge asked that McDonagh be brought to Castlebar Garda Station in custody and said that he would adjourn his decision until after he dealt with a family law case. Following this, the defendant was brought back before the judge. Judge Gibbons convicted and fined him €750 for the section six charge, that of being threatening and abusive, and €750 for failing to leave the area when directed.
