A MAN who was found drunk and abusing gardaí in Clonakilty ran into a wall after he was pepper sprayed by gardaí, a court heard last week.
David Mackey (28), of no fixed abode, pleaded guilty at Bandon District Court to being drunk in a public place, using or engaging in abusive, threatening, or insulting words and resisting arrest.
Sgt Tom Mulcahy told the court that at 5.45am on December 20th last, gardaí received a report of a disturbance involving two males at a guesthouse in the town.
‘Mr Mackey had no top on and was bare chested when gardaí arrived. He went for them with his fists raised and began shouting and roaring at them,’ said Sgt Mulcahy.
‘The gardaí feared for their own lives and pepper spray and a baton were used to contain him. He resisted arrest and managed to run away from gardaí but then ran into a wall having been pepper sprayed.’
Gardaí handcuffed him and brought him to Clonakilty Garda Station where he continued to resist arrest and was aggressive.
The court heard that he has seven previous convictions.
Defence solicitor Éamonn Fleming said his client has been homeless and is in a relationship with a woman who has three children.
‘She is pregnant now and has been given a house in Fermoy by Cork County Council. There is no question that he has a drink problem and he has learnt quite a lesson. He realises the game is really up if he commits more offences,’ said Mr Fleming
‘I do feel he has been bought to his senses and I would ask the court to check his suitability maybe to do community service.’
Judge Brendan O’Reilly said the bigger issue at play is the accused’s attitude to gardaí.
‘There is no excuse, drunk or sober, young or old, for abusing gardaí. He’s 28 years old and he knows a garda from a postman. That is the big issue,’ said Judge O’Reilly.
Mr Fleming said it was his client’s first offence in that regard. ‘He accepts he was completely out of order and an idiot. He regrets what he did.’
Mr Mackey told Judge O’Reilly that it was a ‘prolonged moment of madness’.
‘We got good news about getting a Council house and we had drink to celebrate the news but it then escalated. I deeply apologise to the gardaí,’ said Mr Mackey.
Mr Mackey’s partner said she would act as surety for him in order for him to be released on bail and provided €150 in cash to the court. She was informed that if he gets into trouble in the meantime, she has an obligation to report him or she would lose €500.
Gardaí also sought conditions for his release on bail including that he remain intoxicant-free at all times and sign on at Clonakilty Garda Station on Monday, Wednesday, and Friday. They also wanted him to stay out of West Cork except, for court appointments but Judge O’Reilly put a stay on this until Mr Mackey’s new accommodation in Fermoy could be finalised.
‘He needs to be out of West Cork by midnight on January 17th and he has two weeks to sort himself out,’ said Judge O’Reilly.
Mr Fleming also requested that his client be assessed for community service and the matter was put back to April 4th next for the production of a probation report.
