Laois Offaly gardaí told to go 'f**k themselves' on arrest

A man who was directed by Laois Offaly gardai to leave an area replied he was going nowhere and told them to arrest him.

In his evidence to Tullamore district court Garda Andrew Barron said on March 20, 2022, he observed Derek Wyer, (47) of Ballykilmurray, Tullamore, being escorted from the Bridge House by security staff. He said Mr Wyer told the staff he was going to kill them.

When Garda Barron told him to leave the area Mr Wyer told him to 'go f**k himself', he was going nowhere and he could arrest him if he wanted. This was at 2.05am.

After a caution from the Garda Mr Wyer told him to f**k off. He was arrested and taken to Tullamore Garda Station and at 6.25am he was charged to which the defendant replied ''ye must have f**k all to do.''

He continued to be abusive and when he was leaving the Garda station he put up his middle finger to the gardai and called them ''f***ing c***s'' He came back later and gave the gardai more abuse.

Solicitor Donal Farrelly said what Mr Wyer did after being charged had nothing to do with the offence.

Jude Andrew Cody said Garda Barron had to give the court evidence up to 6.25am and he was entitled to do that.

Mr Farrelly put it to Garda Barron that he had seen a man being ejected from the Bridge House but there was no CCTV footage. Garda Barron said it wasn't available.

He also asked Garda Barron if he had interviewed any of the bouncers at the nightclub to which Garda Barron replied that he hadn't.

Mr Farrelly said Mr Wyer would say that when he was coming out of the Bridge House, that he was arrested in an aggressive manner, put up against a wall and handcuffed. He said he was arrested for no good reason.

Derek Wyer then took to the witness stand and said he was a 47 year old married man with three children. He worked as a transport manager and was never in trouble before.

He said on the night in question he had gone to the Bridge House with his wife Ruth after the Ireland Scotland match which he attended at the Aviva Stadium. He said he had a few drinks. He said when he walked out of the Bridge House he was arrested and he had asked Garda Barron, ''is this a joke''.

He said the following week he was in the Bridge House and he told the bouncers he had been arrested and they couldn't believe it. He said he had been going back into the Bridge House for his jacket when he was arrested.

Under questioning from Sgt James O'Sullivan, Mr Wyer said that prior to going to the Bridge House he had been drinking in the Harbour Bar until 12pm. Judge Andrew Cody put it to him that he had been drinking for five hours. He asked Mr Wyer if his memory was better than Garda Barron's who was sober. Mr Wyer made no reply.

Ruth Wyer also took to the stand, she said her husband had forgotten his jacket and she went to look for it.

Judge Cody asked what she did when she came out of the Bridge House at 2am and there was no sign of her husband. She replied that she had taken a taxi home. Judge Cody said if he came out and his wife wasn't there he would be in bits. Ruth Wyer said she knew he would follow on.

Summing up, Mr Farrelly said that Garda Barron could have spoken to the bouncer and there was no CCTV. He told the judge he was left with a conflict of evidence and left with a doubt.

Judge Cody said he had no doubt that Garda Barron was telling the truth. He said Mr Wyer had been drinking for five hours. He noted that the defendant had no previous convictions and was in good employment. He imposed a fine of €500 and gave him three months to pay. He took the summons for abusive behaviour into consideration.

He gave leave to appeal following a request from Mr Farrelly.