Man accused of verbal insults uses photo of him reading the Star as alibi

A TIMOLEAGUE man convicted of verbally insulting his neighbour while he was moving cattle, told a judge that he was, in fact, pictured reading The Southern Star at the time of the offence.

Brian Sexton of Carhue, Timoleague pleaded not guilty at Bandon District Court to two charges of using or engaging in threatening, abusive or insulting words or behaviour against two different people on separate dates in 2021 and 2022.

Kieran Keohane told Judge James McNulty that at around 6.20pm on July 8th, 2021 he had been helping his brother move cows along the R-600 in Timoleague ‘I parked my jeep with the hazard lights on. I stood on the road to allow the cows pass.

‘I then saw Brian Sexton approach with his phone in his hand and he shouted ‘you pervert’ and made gestures in front of his genitals,’ said Mr Keohane. ‘He left and we got on with our work.’

His brother, DJ Keohane told the court that his brother was ‘shaking and visibly distressed’ following the incident which he didn’t witness.

Solicitor Tony Greenway said that his client was able to show a picture on his mobile phone of him reading The Southern Star with the time of 6.20pm stamped on it. ‘He said he was at home at the time Kieran Keohane said he saw him on the road,’ said Mr Greenway.

Insp Ian O’Callaghan put it to Mr Sexton that he was meant to drop CCTV footage from his farm into Sgt Rory Gunn at Bandon Garda Station, which would exempt him of the charge.

‘Surely any reasonable person would be straight back onto the garda station with the footage that could exempt them?’ he suggested. Mr Sexton said he sent emails to Sgt Gunn but none were replied to.

Insp O’Callaghan said Kieran Keohane’s evidence was credible putting Brian Sexton on the road that evening. However, Brian Sexton said he couldn’t be in two places at the same time. ‘I was at home and it was impossible in four minutes for me to go out and come back again,’ he said.

Judge McNulty remarked that it was an incredible coincidence that the photo was taken a 6.20pm when he was engaged in the incident. ‘The court is satisfied he used offensive and insulting language in a public place. To insult a man on the public road and call him a pervert is likely to provoke a breach of the peace,’ the judge said.

In the second prosecution, Niall O’Reilly, who works as an electrical contractor, told the court that on May 17th 2022, he was approaching the gate of a site that he was working on at Farran in Ardfield.

‘Brian Sexton was parked across the entrance and I asked him to move and he said ‘f**k you.’ He then moved and I drove forward and then he said ‘I’ll get you’ and he drove off in his car. He took a picture of my car too,’ said Mr O’Reilly.

He said he stayed in his van at all times and was afraid to go out as he didn’t know what he was dealing with, as he had an incident with Brian Sexton two months previously. Mr Sexton claimed he had a vested interest in the site.

Gda Martin O’Regan of Clonakilty Garda Station said that following a complaint made by Mr O’Reilly, he contacted Brian Sexton and outlined the allegations made against him. ‘He became very argumentative and hostile,’ said Gda O’Regan, who added that despite numerous attempts, Brian Sexton never made a statement.

Barry Hegarty gave evidence the following day in Bandon District Court that he was with Brian Sexton at Farran where they were measuring the site and said he didn’t hear him say anything to Niall O’Reilly. Insp O’Callaghan pointed out that at no stage did Barry Hegarty make a statement to gardaí and that Brian Sexton never mentioned a witness to Gda O’Regan.

‘Niall O’Reilly also maintains that he never saw you. And you have a remarkable recollection of the incident where you say nothing happened,’ said Insp O’Callaghan.

Judge McNulty said there was an ‘inconsistency’ about Barry Hegarty’s evidence as it went from ‘certainty and vivid recollection’ to ‘vagueness and uncertainty.’

‘By the time he finished all he could say was that something was said,’ said Judge McNulty, who described him as ‘an unreliable witness’.

The judge found that charge proven against Brian Sexton.

The court heard that he has 11 previous convictions, including assault. He sentenced him to 60 days on the first charge from 2021 and 90 days on the second charge from 2022 but suspended both sentences for two years.

He also imposed conditions attached to each of the suspended sentences, including that he is to keep the peace, be of good behaviour and commit no offence against Kieran, DJ and Fiona Keohane and their extended family during this period ‘If he gives them any bother, report it to the gardaí and if it is proven, I will activate the suspended sentences,’ he added. He also directed Mr Sexton to be of good behaviour to Niall O’Reilly and his partner, and if anything happens they should report it to the gardaí.

‘If proven I will activate that sentence also,’ said Judge McNulty, who added that both sentences would be served consecutively if they are to be served.

Bonds were set in the sum of €5,000 and €10,000 on both suspended sentences with no cash required, but Judge McNulty said if conditions were breached, Mr Sexton ‘could drop €5,000 or €10,000 in the twinkling of an eye.’ Recognisances for an appeal were fixed in the defendant’s own bond of €500, all in cash.