A JUDGE has made it a condition of a suspended sentence that a man – guilty of public order offending – would leave the village of Castletownshend and never return.
The judge imposed a 5km exclusion zone around the village after convicting the accused of eight public order charges and three charges of causing criminal damage to parked cars.
Ray Hennessy, solicitor, contested the public order offences claiming that his client may have been inebriated but was not intoxicated to the extent that he was a danger to himself and others.
He said the charges of engaging in threatening or abusive words and behaviour were a response to the fact that the village had taken a dislike to the accused and wanted him out.
Ian Curley (54) of Princess House, Apartment 3, The Quay, Castletownshend, was in custody when the case was called, having been refused bail at a previous sitting.
Gda Darragh O’Shea gave evidence that the accused was ‘highly intoxicated’ and refused to give his name at the Old Mart Yard in Skibbereen on July 31st.
He said the accused called him and his colleague ‘f**king pigs,’ and said, ‘I will f**king do you, you c***.’
In evidence in his own defence, the accused said he had given his name in Irish and that the gardaí had pushed him against a wall. He said it was only after a garda stood on his bare foot at Clonakilty Garda Station that he got irate and used foul language.
Witness Robert Kennedy gave evidence that on August 8th the accused urinated at The Lawn in Castletownshend and when he spoke to him, the defendant became abusive saying things like: ‘I won’t forget you. I will do you.’
Robert Kennedy said he was surprised by his reaction and was taken aback by his threatening manner, and the fact that he made a throat cutting gesture.
It was also alleged that the accused engaged in threatening behaviour at The Pier in Castletownshend later that same day, and damaged a window in Mary Ann’s bar.
The alleged offending continued on August 9th and, on August 20th, Ian Curley was seen standing outside Robert Kennedy’s house and his behaviour was described as menacing.
Publican Fergus O’Mahony gave evidence that the accused – who was barred from his premises after he pinched a waiter’s bottom – was abusive on the premises on August 10th.
In cross-examination by Ray Hennessy, the publican said, ‘When he is sober he is fine, but as the summer went on, he got more belligerent the more he drank.’
Another witness, Martina O’Regan, claimed the accused was abusive to her as she was exiting the premises saying, ‘You fat c*** in your stupid dress.’ She said it was her first night out since Covid and the experience was ‘not very pleasant’.
As there are no public toilets in Castletownshend, Ian Curley said he was ‘caught short’ and urinated discreetly against a tree and that he got annoyed when Robert Kennedy allegedly said: ‘Get down to your end of the village.’
‘I did respond in aggressive terms,’ he added, ‘because I didn’t like his overbearing attitude.’
In his own defence, he said he did not pinch a female’s bottom. He said it was a male waiter and there was ‘no sexual connotation’.
Insp Debra Marsh told the court that the accused has 28 previous convictions – three of which are under appeal.
The defendant pleaded guilty to damaging a car parked at The Lawn on September 3rd by slashing the tyres and causing €220 worth of damage.
An additional €440 damage was caused to the tyres of another parked car, plus €1,340 after he scratched the full length of the paintwork. The third criminal damage related to the breaking of a window at Mary Ann’s.
Judge McNulty imposed a total of five months’ jail in respect of the public order charges, and a 10-month sentence, which is to run consecutively, on the criminal damage charges.
However, the judge suspended the last five months of the second sentence on the condition that the accused keep the peace and stay out of Castletownshend.
The case was put back to Bandon District Court on Friday October 1st for the approval of a surety in the amount of €7,500.
