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Pepper spray used to stop violent pupil

A GARDA had to use pepper spray to subdue a Leaving Cert student who was so determined to keep fighting he pushed a garda out of the way so he could continue kicking and punching.

Dean Brophy (18) kept fighting after being told to stop and being warned the garda's "incapacitating spray" would be used on him if he did not.

Judge Dermot Dempsey said he would strike out public order charges against the defendant if he made a €400 charity donation.

Brophy, of Reuben Walk, Rialto, admitted public intoxication and obstructing a garda in the incident at South Circular Road on February 27.

Garda Andrea Furlong told Dublin District Court she was called to a "serious public order incident" at 3.30am.

When the patrol car arrived at the scene, the gardai saw 10 to 12 youths fighting. Brophy was kicking and punching.



Danger

"When told to stop, he pushed me out of the way and continued to kick and punch the other males," Gda Furlong said. "He was a danger to himself and others."

She took out her spray and again told him to stop but he refused and the garda had to use the spray on him in order to make a safe arrest.

"The spray took effect and he calmed down," she said. "He was compliant enough."

The court heard the defendant had no previous convictions for any offences. He was studying for his Leaving Certificate at Pearse College and was currently "of limited means".

He was anxious to remain conviction-free and would make a charity donation to keep his clean record, his lawyer said.

"He is looking toward physical fitness and gym instruction by way of furthering his career," his solicitor added.

Judge Dempsey asked the garda if the incident had involved "bravado".

"It was a very serious, very violent and aggressive incident," she said.

Judge Dempsey said he would strike out the charges if the accused made a €400 donation to the Fatima Youth Initiative. He said there would be a €300 fine and conviction in default. He adjourned the case to July 19.

aphelan@herald.ie


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