Court told man attempted to pull pants down during search in Portlaoise

A court was told a man ‘attempted to pull down his pants’ during a drugs search in Portlaoise.

Paul O’Shea (40) of 56 Mel Street, Kilminchy, Portlaoise, appeared before Portlaoise District Court accused of engaging in threatening and abusive behaviour at Church Avenue, Portlaoise on August 2 last.

Garda Sergeant JJ Kirby told a sitting of Portlaoise District Court that the defendant was approached by Garda Joe Fahy from the local drugs unit at 4.30pm on the date in question.

He said the man became agitated and “attempted to pull down his pants in front of people and he was arrested”.

The court was told the man had previous convictions for road traffic offences and assault.

Solicitor Josephine Fitzpatrick said her client would be well known to Gardaí and “there would have been a drugs issue in the background”.

She said he is searched regularly and he became frustrated by the process, particularly as he had nothing illegal in his possession. She said he “opened his clothes to excess” in frustration and “the prosecution saw it as behaving poorly on the day”.

Ms Fitzpatrick said her client, who is in receipt of disability, is sorry and was pleading guilty at the earliest opportunity.

“Mr O’Shea needs to understand that because he is known to the Gardai he can expect to be searched,” said Judge Andrew Gubbins.

He said the defendant should have allowed the search to continue without obstruction instead of pulling down his pants . He warned him to allow Gardai carry out their job in future.

Ms Fitzpatrick said “the Gardaí did ask him on the side of the road to open his pants and he opened them to excess.”

Judge Gubbins said the guards have a job to do and they should be allowed to do it. He sentenced the man to two months in prison and suspended the sentence for six months on condition the man be of good behaviour and keep the peace.