Man who verbally abused garda in Limerick village avoids criminal conviction

A LMERICK man who was who accused of “launching into an avalanche of abuse” against a Bruff-based garda has been cleared of criminal charges.

Kenneth Mockett, aged 40, of Killuragh, Cappamore told Kilmallock Court he did not receive the fixed charge penalty notice. He was before Kilmallock Court on a public order summons for threatening, abusive and insulting behaviour.

Garda Patrick Aherne said the incident occurred on February 28, 2019 when he was in the process of seizing a vehicle belonging to the defendant’s partner.

“He came out onto Moore Street, Cappamore with his father. The defendant launched into an avalanche of abuse. As I was on my own he knew I couldn’t effect an arrest. The abuse was so bad that people had to cross the road,” said Garda Aherne.

The Bruff-based garda said he took down what Mr Mockett said on the day.

“F***ing gowl bag. Useless c**t. Tell him nothing. Catch some real criminals you retard,”  said Garda Aherne as he referred to  his notes. He added that he issued a fixed charge penalty notice which remains unpaid.

Con Barry, solicitor for Mr Mockett, said his client would give evidence that he did not receive the fine.

“If he got it he would have paid it. He would like to apologise to Garda Aherne,” said Mr Barry.

Judge Patricia Harney said “it was a bit late in the day”.

Mr Mockett then took the stand and said he did not receive the fine.

Inspector Pat Brennan asked him if he had problems with his postal service.

“Not really,” said Mr Mockett, before adding, “I would like to apologise for the way I carried on. It was a moment of madness. I’m very sorry”.

Judge Harney said she was a “little bit sceptical" but note the defendant had given sworn evidence (of not receiving the fine).

“If I see him again I’ll take a very dim view. He has apologised albeit late in the day,” said Judge Harney, who dismissed the threatening, abusive, insulting behaviour summons against Mr Mockett.

Mr Barry applied for legal aid which Judge Harney rejected. The judge said: “You’ve done very well for him - he owes you a fee”.