Tuesday, May 21, 2013

Law and Order: County Kerry - Episode One:"I'm Brian!"

The law on public order offences in Ireland is mainly set down in the Criminal Justice (Public Order) Act, 1994. This legislation deals with the behaviour of people in public places in Ireland and provides for various controls to be exercised at public events. The main purpose of the Act was as follows:
  • To update the law in relation to public order offences
  • To create specific offences with regard to racketeering and demanding money with menaces;
  • To deal with crowd control at public events; and
  • To deal with miscellaneous (various) matters including a new offence prohibiting the advertising of brothels and prostitution.
For the purposes of the law in Ireland, a ‘public place’ includes roads, public parks or recreational areas, cemeteries, churchyards, trains, buses and other public transport vehicles.
In the case of most of the offences under this Act, if a Garda suspects you of being involved, you are obliged to give your name and address if asked. In fact, it is an offence if you fail to do so. You may be arrested without warrant if you fail to give your name and address. You are liable on summary conviction to a class D fine for that offence. You may be arrested without warrant if the Garda suspects you of having committed one of these offences.
The Criminal Justice (Public Order) Act 2003 provides that, if you are convicted of certain offences under the 1994 Act, you may be excluded from a premises for up to a year. This is in addition to the penalty under the 1994 Act. . . . JAYZUS! FOR THE LOVE OF GOD, GET THE #$% on WITHIT!!!!

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. . . .

Gardaí said Mr Mongey was arrested on the John B Keane Road after repeatedly failing to give his name and address when asked, merely saying: "I'm fine, go away."
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.

So, that's the way of it ( Kerry patois -declarative/interrogative).

Next - The Kerry Cutters Case

Up-coming Episode - The Batty Coffey Saga

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