Tipperary man tells court he did not know he was being pursued by a guard
A man who stood in front of a car shouting for a lift has told Thurles District Court he did not know he was obstructing a member of An Garda Síochána.
Mark Clavin, 22, of 23 Parkview Rest, Templemore, pleaded guilty to obstructing the peace and being under the influence of an intoxicant to the degree of posing a danger to himself or others on January 1, 2023, on Brittas Road.
The arresting garda told the court that on the night of the incident at around 5:30am, he was driving in his personal car on route between Templemore Garda Station and Thurles Garda Station when he saw a car on the same side of the road and reversed back to check it out.
As he was approaching the car, the defendant came running out in front of the guard’s car.
He raised his arms before slamming his hands on the bonnet and screaming that he wanted a lift.
The garda told the court that he reversed back away from the man who moved to block the car.
The garda parked the car and went to the man, who was trying to stop another car. Then the defendant ran away in the direction of Templemore.
The arresting garda called for another unit and followed the man into a garden of a house where he was banging on the doors and windows.
The court heard that the garda deployed his incapacity spray and there was a “tussle”.
“He appeared to be under the influence of something. I don’t know what,” said the garda.
The second unit arrived, and the defendant was arrested.
HIGHLY INTOXICATED
The solicitor for the defendant JJ Fitzgerald, said that the original traffic concern had nothing to do with his client.
He said it was dark and that Mr Clavin had not known he was obstructing a guard, but just trying to get home.
“He was highly intoxicated, it would be fair to say,” said Mr Fitzgerald.
The guard told the court that while he was in his personal car and had not produced a badge, he was wearing his uniform, including his ‘luminous’ jacket.
He said he exited his car shouting that he was a guard and pursued the defendant “in the interest of preserving life”.
“I can’t account for what Mr Clavin thought,” said the guard.
ON THE STAND
The defendant took the stand and told the court that he did not know he had stopped a guard and ran because he thought he was going to be attacked.
He said he had been drinking in Hayes Hotel earlier in the night and was trying to get home.
He did agree that he was a ‘nuisance’ on the road.
“I didn’t know he was a member of An Garda Síochána. I thought someone was chasing me.
“I didn’t see the uniform,” said Mr Clavin.
Mr Clavin told the court he did not remember the altercation.
Acting for the State, Inspector James White put it to the defendant that since he was intoxicated to the point of memory loss and the guard was sober, the events had unfolded as the guard had said. He asked the defendant why he had run.
Mr Clavin said he ran to get help because he feared for his safety.
“All of a sudden I was pepper sprayed. I didn’t hear the shouting,” said Mr Clavin.
NOT A DEFENCE
Judge Elizabeth MacGrath said that she was satisfied that the guard had made himself clear on the night of the incident.
She said it was clear that the defendant was highly intoxicated, which could impair his memory.
However, the judge said she did not see that as a defence.
Judge MacGrath noted the defendant’s four previous convictions, his age and his conduct on the night.
She remanded the case back to March 5 for a probation report.