A man who pleaded not guilty after an arrest for his part in mob chanting outside a late night chipper, was convicted and fined €200 in the District Court this week (March 3 ) after he conceded he’d read his charge sheet incorrectly.
The court heard from Garda Brian Keane how he was called to a late night disturbance on the Dublin Road on November 17.
“There was large crowd outside a chipper near the college [AIT]. They were in two groups shouting chants at each other in a threatening fashion,” said Garda Keane.
“The defendant was told to go home, judge, he refused and became aggressive. He was arrested at 2.20am.”
The defendant, Gavin Duffy (20 ) from Newtown, Rathangan, Co Kildare, defended himself and claimed in court “We weren’t shouting” and that he went to the Garda station the next day to apologise, which Garda Keane conceded.
Judge John Neilan pointed out that the offence for which Dowling was charged - Section 8 of the Public Order Act - “is about refusing to follow a direction from a member of An Garda Síochána and not about shouting”.
“Ah. I might’ve misread the charge,” conceded Duffy.
In mitigation, he said he was a former student of the AIT and had been visiting friends on the night in question.
“Why didn’t you follow the garda direction?” asked the judge.
“I had my food ordered and was hungry,” said Duffy.
Judge Neilan reminded Duffy the maximum penalty for this offence was six months in prison and of people in Athlone who were”prisoners in their own homes” on account of behaviour like this.
“You gott your warning from Garda Keane. The time to apologise is on the night, not shipping up the next day,” said Judge Neilan, before fining Duffy €200.
