Dundalk court: Conviction for abusive behaviour dismissed under Probation Act
A judge has told a 55 year old man who contested a public order conviction for calling a Garda 'a murderer, a moron and a criminal', that his appeal hearing was not an opportunity to 'try to prosecute a different type of case'.
Michael O'Hagan with an address at Mary Street North, Dundalk was repeatedly reminded at Dundalk Circuit Court that only matter being heard was his appeal against a district court conviction and fine for using threatening, abusive or insulting behaviour.
A garda told the hearing that he was station orderly at Dundalk Garda Station on March 13th 2020, when Mr. O'Hagan entered the public office at lunchtime, where a large number of people were present.
He said he was screaming that Dundalk district court "was run by criminals and criminality" and claimed that An Garda Siochána had stolen his money.
The witness said Mr. O'Hagan was visibly shaking with anger and gesturing at him and he was ultimately directed to leave the public office.
On the steps outside, he said the appellant had called him a murderer, a moron and a criminal and he was arrested under the public order act.
Mr. O'Hagan, who represented himself, handed in screen shots to the court and told Judge Simon McAleese that he had shown them to the garda, adding 'those articles which are not true were created physically and illegally".
He described 'internet postings' as criminal defamation and harassment' and said he had emailed Justice Minister Helen McEntee the day before and he had told the garda watchdog GSOC that he was illegally jailed before Christmas.
The appellant also claimed to have been cyber-stalked over the years.
Judge McAleese said "all you do is launch into a diatribe about seven years of injustice. I can't give you free rein to do what ever the hell you want to" and added "You don't get a chance to come here and insult everybody.
The judge repeatedly attempted to get Mr. O'Hagan to address the incident in question saying "This is about what you did on the day".
The appellant replied "complete nonsense" when he was asked about calling the garda murder, moron and criminal.
Judge McAleese accused the 55 year old of 'treating this like an episode of Petrocelli' and told him "you don't get to dictate how the court is run".
He said: "You have very fixed views of the matter and it's your way or the highway."
The judge found that Michael O'Hagan defamed the garda in the most hideous fashion and it's rather ironic you're going about the place saying you're being defamed, abused and libeled'.
He added: "It seems to me that you're simply uncontrollable...in what you're prepared to allege against people".
Judge McAleese told Mr. O'Hagan he believed him to be an honest and decent man "but I believe you have fixed views that outside your own bubble don't make any sense" and he added he had certain sympathy for the mental bind in which he finds himself.
The judge found the facts proven and dismissed the charge under the Probation Act and explained that meant the €105 fine and conviction was removed.
He added that on the suggestion of the State solicitor for County Louth Fergus Mullen three other public order convictions, which were also being appealed, would be taken into account, which Mr. O'Hagan was told resulted in him "walking out of the court without convictions for those four".
Appeals against two other convictions which resulted in a suspended sentence and a custodial sentence, were adjourned to the next district court appeals list in November.