Saturday 18 November 2017

Judge bans man from all pubs in Dublin for six months after abusing garda

Andrew Phelan

A MAN who told a garda he hoped he crashed his car and “got brain damage” has been jailed for a month and banned from all pubs in Dublin for six months.

Patrick Gately (24) had to be pepper-sprayed before being arrested outside a house that officers were searching for drugs.

Gately, of Primrose Grove, Darndale, pleaded guilty to using threatening, abusive and insulting behaviour to cause a breach of the peace at Templeview Avenue, Clarehall, on August 31 last year.

Gda Shane Haughney told Dublin District Court that gardai were conducting the search and had exited the building when they encountered the accused and a large group of people outside.

Gately was trying to “rile-up” the crowd and that a “volatile situation” was developing.

Gda Haughney approached the defendant and ordered him to leave the area under the provisions of the Public Order Act, but Gately failed to obey |and continued to shout abuse at the officer, the court heard.

The defendant then made |an obscene sexual reference to the garda's wife, and as he approached his car he said: “I hope you crash and get |brain damage, you c***.”

Afterwards, Gately resisted arrest and started kicking out as he was lowered to the ground, forcing the garda to use pepper spray to subdue him.

He “certainly wasn't cooperative” with gardai at the scene, but they had no difficulties with him in custody, Gately’s barrister Kevin White said.

“He apologised to the gardai — he was out of order,” he added, admitting that his client “shouldn't have got involved, it wasn't his house.”

The court was told that the accused, who has 76 previous convictions, was clearly intoxicated at the time of the incident and that drugs, specifically cocaine and tablets, were an issue for him.

After Gately’s parents died in 2011, “things spiralled out of control” for him, the court was told.

His lawyer said he had a brother who had children, and while they were a positive influence on him, he did not have much other support.

TREATMENT

It was also revealed that Gately had never gone for drug treatment, but was now in custody and might avail of the opportunities there.

While many of his previous convictions were for motoring offences, most were down to drugs and intoxication.

Gately has a limited education, but was interested in getting work in the building trade, the court was told.

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