Two months in jail for refusing to take to witness box

CALLING a member of An Garda Siochana a “muppet in a uniform,” as well as other profanities, landed a 26-year-old man in prison for two months – because he refused to take to the court witness box and apologise.

Michael Considine, Oliver Plunkett St, St Mary’s Park, was appearing in court after Garda Liam Manton charged him with breaches of the public order act after a dispute arouse on St Nicholas Street in January of this year.

It was stated that Garda Manton was driving a patrol car on St Nicholas Street, and put to the court by the defence that the accused reacted when he felt that the garda patrol car came too close while he was cycling.

Judge O’Donnell heard that words were exchanged between both parties, and Garda Manton arrested the accused and conveyed him to Henry Street where the charges were set out as before the court.

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Considine had 27 previous convictions, including section 6 and 8 breaches of the public order act, where two- three month sentences were handed down by the Circuit Court in Limerick.

Ted McCarthy, solicitor, said that his client contested that the patrol car did not interfere with him while he was cycling, and that indeed, Garda Manton came too close while driving.

Mr McCarthy did add that his client apologised for his involvement in the issue and for the case being brought before Limerick District Court.

Judge O’Donnell allowed the case to stand briefly while Mr McCarthy and his client consulted the issue of a public apology in the matter.

However, on returning to court, Mr McCarthy had indicated that his client would take to the witness box, but instead, Considine sat in the public gallery and refused to do so.

Judge O’Donnell, noting this refusal, convicted and sentenced the accused to two months in prison given the fact that Considine did not take the opportunity to make the public apology.

As Considine was remanded to custody, gardai and prison officers had to physically restrain outbursts from him while been taken to the cells. Considine shouted several obscenities at the gardai, as well as at Judge Tom O’Donnell.

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