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Dad caught with hammer had 'stopped to use toilet'

A FATHER-of-one caught wielding a hammer as he stood beside a row of parked cars claimed he had stopped to go the toilet on his way home from a pub.

Noel Mooney (50) denied unlawful possession of the hammer and said he was standing by the vehicles because he needed to urinate.

Judge Cormac Dunne convicted him and fined him €750, saying it was "unpleasant" for Mooney to suggest that the gardai had picked the hammer up and "framed" him.

Mooney, with an address at Dolmen Terrace, Ballymun, had pleaded not guilty to possession of a hammer with intent to steal. The prosecuting garda said he was on duty at Dolmen Court at 11.25pm when he saw the defendant standing beside a number of parked cars.

The defendant could give no reason why he had the hammer and was arrested.


In cross-examination, the garda said he could not recall if the accused had said he was going to the toilet.

Mooney told the court he was coming home from the pub and was still five to 10 minutes away from his home. He wanted to go to the toilet and as he did so, he saw "lights on the wall", he stopped and the garda car came up behind him.

Mooney insisted he did not have the hammer in his hand and the garda "got it on the ground".

Judge Dunne found the defendant guilty, saying Mooney had suggested "by inference" that he was framed by the gardai.

"There is something unpleasant about the inferences that Mr Mooney has made in his evidence under oath," Judge Dunne said.

"He is basically saying that the gardai falsified their evidence."