Tipperary man tells court the local garda station needs CCTV cameras

A man who was required to sign on at the garda station as part of his bail conditions became “aggressive” to a guard, Thurles District Court has heard. 

James Donoghue (21) of 7 Dun Muilleann, Mill Road, Thurles, was charged with offensive conduct at Thurles Garda Station on June 12, 2023. 

Garda Damien Burke told the court that on the day of the incident, he was on duty on his own in the public office. 

While assisting a member of the public by phone, Garda Burke said he heard the bell ring five or six times, pressed down constantly. 

When he returned to the hatch, Mr Donogue was there looking to sign on and became “aggressive, shouting and using expletives.

”The court heard that Garda Burke asked Mr Donoghue to stop, and the defendant signed on and left. 

Garda Burke told the court that there was a couple in the waiting area with two small children waiting for passport forms to be signed, and he apologised to them. 

Acting for the defendant, solicitor Paddy Cadell told the court that his client said nobody else was in the waiting area except him and his girlfriend, who had accompanied him. 

He also said it was Mr Donoghue’s girlfriend who pressed the bell. Mr Cadell said his client was upset because he had been waiting between 20 and 25 minutes for the guard to come to the hatch, and he believed he was deliberately being ignored. 

Garda Burke said he could not see who was in the public area while taking the phone call and did not know it was Mr Donoghue who was trying to get his attention. 

The guard said that while there is a glass window, it is frosted glass and does not provide a view of the public area and the door was closed. He told the court he would not deliberately ignore a member of the public as they could be there to report a serious incident. 

A MATTER OF URGENCY

Mr Donoghue gave evidence that he had attended the station as required to do so as part of his bail conditions.

He said there was nobody in the public area, but he did hold the door open for a couple with a pram as he left.

 “I wouldn’t shout and roar at a guard with a child in the room,” said Mr Donoghue. 

Mr Donoghue told the court that while he was upset, he only asked what took so long and did not use expletives.

However, when asked what exactly he did say, Mr Donoghue replied: “How long does it f**king take to let me sign a sheet.” 

He said he was anxious to sign the sheet as he was required to do so by 9pm, and it was past time by the time Garda Burke allowed him to do so. The defendant also told the court that the guard threw the pen at him and told him he “would be charged” for his behaviour.

 Acting for the prosecution, Garda Inspector James White confirmed for the court that the defendant had signed the sheet at 6:46pm. 

He asked the defendant if he accepted that Garda Burke’s view of the public area was obstructed, and had he required urgent attention, he might have called out. 

Mr Donoghue replied:“If you hear the bell and you are a guard, you go to assist. You don’t stay on your call for 20 minutes.”

He went on to say: “I tell you, if it were urgent, I would be dead by now. 

“Another thing, your guards need cameras down there,” said Mr Donoghue. 

JUDGEMENT

Judge Fiona Brennan noted that there was a conflict between the evidence given by Garda Burke and Mr Donoghue. 

However, she said where Garda Burke was consistent in his version of events, Mr Donoghue was inconsistent on the time he signed on and his use of language. Judge Brennan said:

“It is the view of this court that Mr Donoghue was obligated to be there by the court and abused his presence because he was not dealt with in a way he felt entitled to.”

The court was told Mr Donoghue had 15 previous convictions, including for affray and assault. 

Mr Cadell said in mitigation, his client was attending a pre-work course and was employed by a cleaning company. He said his client’s income is €250 a week.

Judge Brennan adjourned the case to April. She said that if Mr Donoghue did not come to garda attention again, she would strike out the matter. 

Otherwise, he would be fined, and that conviction would trigger a suspended sentence.