A BUTCHER who defecated in a cell in Listowel Garda Station and contested a charge that he had failed to give his name and address to gardaí lost his case at Listowel District Court on Thursday.
Brian Mongey, with an address at Grange Boyne, Kilmessan, Co Meath, was charged with failing to provide gardaí with his name and address and with being drunk in public.
Mr Mongey, however, told the court that he had, in fact, said: "I'm Brian. I'm Brian Mongey."
Gardai say they approached Mr Mongey on John B Keane Road on January 27 last out of a concern for his safety.
"He was wearing dark clothes, it was raining and it was very difficult to see him," arresting garda Donal Crowley said. Gda Crowley said there was a strong smell of drink from the man and when he asked him for a name and address, he told the garda: "I'm fine, go away."
"By now he was using a wall to remain upright, such was his level of intoxication," the garda said. He arrested the man and took him to Listowel Garda Station where he behaved in a 'very obnoxious' manner to gardaí, the court heard.
"He was very unco-operative, banging on the door of the cell. He defecated in the cell in a manner and place where it was intentional." Gda Crowley said.
Gardaí located the man's driving licence which gave his name as Brian Mongey. "But on asking if it was his name he refused to answer." Gda Crowley said the man finally gave his name as Brian Mongey at 6am.
Solicitor Pat Enright asked Gda Crowley if it was not the case that his client had said, when first approached: "I'm Brian, go away."
"That's not what I heard. I heard 'I'm fine, go away'."
Mr Enright explained his client, a butcher by trade, had only moved to Moyvane from Dublin a week prior to the incident and could not remember his exact address, which was given in court as 38 Bruach na Gaile, Moyvane. Gardaí said that Mr Mongey never mentioned Moyvane at any stage.
Mr Mongey told the court. "I explained that I was only after moving into Moyvane and couldn't remember the address. I said 'I'm Brian. I'm Brian Mongey'."
Judge Larkin found that the State had proven its case, fining him €200 for the charge of failing to give his name and address and a further €200 for the charge of being drunk in public.