Longford defendant whose behaviour was 'out of character' avoids conviction

A defendant whose behaviour was “out of character” and something he will “regret forever” avoided a criminal conviction when he came before Longford District Court.

Mark O'Shea (52) of 76 Farneyhoogan, Longford, pleaded guilty to engaged in threatening and abusive behaviour on Thursday, January 5, 2023 at Macari's Fast Food Restaurant, Ballymahon St, Longford. A charge of assault on was struck out at the commencement of proceedings.

Inspector David Jordan said on the date of the offence Gardai responded to reports of a disturbance at a Longford town fast food restaurant.

Inspector Jordan said the defendant, Mr O'Shea, had pushed another man, Derek Clyne, backward and Mr Clyne had tried to “throw a boot at him”.

The inspector said the defendant came before Judge Bernadette Owens with no previous convictions. Solicitor Frank Gearty this event was totally out of character for Mr O'Shea. He explained that the injured party had withdrawn his statement, but the prosecution went forward on the basis of CCTV footage.

Mr Gearty said: “This was an incident Mr O'Shea will regret forever. Everyone has moved on, but the language that prompted this incident should never have been used.”

The solicitor said on the night Mr O'Shea was “out the door” but returned and “did something he should not have done.”

“Mr O'Shea is ashamed of what he has done,” Mr Gearty said.

He explained that his client was the victim of an assault in 2009 left in a coma. As a result of that attack Mr O'Shea is on invalidity and suffers epilepsy. The solicitor said his client has plans to visit Australia, an option that may not be open to him if he is convicted. Mr Gearty said the defendant had €1,000 in court as a charity payment if the court was of a mind to accept it.

Inspector Jordan said he had no issue with the way the facts were put forward. Judge Owens given the defendant previous excellent character she could deal with it by way of a Court Poor Box donation.

The judge directed that €500 go to the Bridgeways Family Resource Centre, Ballymahon and €500 to Lus na Gréine Family Resource Centre, Granard.

Judge Owens struck the matter out, warning the defendant: “You will not get that opportunity again.”