| 6.8°C Dublin

City diners saw drunk urinating on door

GARDAI had to pepper-spray a drunk who sickened diners at a city restaurant by urinating on the front door because staff refused to let him use the toilets.

Gavin Byrne (32) became abusive and aggressive to gardai when they came to investigate the incident.

He was jailed for two months after he was found guilty of public order offences in the incident.

Byrne, of Carraiglea Road, Firhouse, had denied charges of public intoxication and causing a breach of the peace in the incident at Thomas Lane, Dublin 1.

Dublin District Court heard he arrived at the restaurant at 2pm on April 10 with a can of beer in one hand and a bag of cans in the other.

He asked to use the toilets but he was drunk and staff asked him to leave. The accused insisted he was in the "back lane".

"We found him urinating on the main door of the restaurant," the investigating garda said.

Byrne became aggressive when the gardai began to take his cans of drink away.

The accused told the court he had a kidney problem, then admitted he was urinating on the door.

He denied that it was because he had been asked to leave.

"You pepper sprayed me into my eyes," the defendant told the arresting garda from the witness box.

Judge Cormac Dunne said he accepted the prosecution's case in its totality.

The accused had 17 previous convictions, most of which were for public order offences.

He had "serious problems", and was drinking on a regular basis. He knew he should not be doing so, his solicitor Stephen O'Mahony told the court.

He added his client wasn't "in a good state" during the case. "There was very little wrong with him for the last 10 minutes -- he was quite strident," Judge Dunne said.

"Imagine sitting in a restaurant eating or entertaining someone at 2pm in the day and this guy comes in with a can of beer in one hand and a plastic bag of cans in the other," Judge Dunne said. "And what does he do when they won't let him use the toilet? He urinates on the door".

As he was being led out of court, the accused shouted: "That is wrong, that is wrong."