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Wednesday 20 August 2014

Former TD's son had flick knife in nightclub

Niall O'Connor

Published 15/12/2012 | 05:00

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THE son of a former Fianna Fail TD told gardai after his arrest for drunkenness that he had a knife in his possession for self-defence and that he "would use it again".

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Former solicitor and city councillor Gary O'Flynn (37), of Hayfield Drive, Castle Court, Whitechurch, Co Cork, had denied two public order offences, namely intoxication and threatening and abusive behaviour.

He was also charged with possession of a black flick knife.

And he was found guilty of the offences by Judge Olan Kelleher at Cork District Court after details were heard of the incident on February 26, 2011.

The court heard that Gary O'Flynn, who is the son of controversial former Fianna Fail TD Noel O'Flynn, had been socialising with friends on the night of February 25 and in the early hours of February 26, 2011.

Complaint

Shortly at 1am on February 26, 2011, O'Flynn went to Gorby's Nightclub on Oliver Plunkett Street, Cork.

Club owner Niall Carney told the court he received a complaint about O'Flynn's behaviour on the night in question.

He went to speak to the accused about an allegation that he had poured a glass of alcoholic drink over a female customer.

Mr Carney said that when he approached O'Flynn he became immediately aggressive and told him to "go f**k" himself .

He repeatedly asked him to accompany him to a quieter part of the club but he refused and continued to drink his pint.

Mr Carney told the court that O'Flynn had told him: "I'm a practising solicitor, try and make me."

Mr Carney said that O'Flynn, who was drunk, asked for a refund of the price of the pint he was drinking. Mr Carney offered him a €5 refund but at this point the accused drank back the drink he had in his hand and allegedly laughed.

At this point gardai were called and when they arrived on the scene they spoke to O'Flynn.

Sergeant Shane Ellis told the court that O'Flynn's behaviour was "very abusive" to gardai.

He said he repeatedly asked him to leave the club but he refused.

Sgt Ellis told the court that he arrested O'Flynn for drunkenness under Section 4 of the Criminal Justice (Public Order) Act 1994.

He said that O'Flynn resisted arrest and had to be placed in handcuffs before being placed in a garda van. While searching the accused at the custody area in the Bridewell garda station, O'Flynn produced a flick knife.

When asked by Sgt Ellis to explain why he had the knife in his possession O'Flynn replied: "I had it for my own protection and I'll use it again."

Sgt Ellis said he noted this in his notebook and asked O'Flynn if he "stood over" what he said to which the accused responded "absolutely".

Retired Garda Ciaran O'Donovan told the court that O'Flynn resisted arrest and described his behaviour as "exceptionally arrogant" and said that it was the worst he saw in his 30 years of service. During his arrest both state witnesses said that he was shouting and was abusive to door staff and gardai.

O'Flynn told the court that the charges and allegation against him were false and that the knife he was carrying was used in work to open parcels.

He claimed that on the night of the incident he had been at a specialist martial arts defence class and that he was using the knife to simulate a knife attack while training.

Judge Kelleher described the incident as an "unfortunate case" and he convicted O'Flynn on all three counts. He will be sentenced on January 11.

Irish Independent

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