Man on public order charges refused Letterkenny Gardai permission to take photograph

A man has appeared in court following a series of public order incidents in Letterkenny in recent weeks.

Mohammed Moushraqi was before Letterkenny District Court charged in connection with incidents on September 3, November 29 and December 9.

A 30-year-old with an address at High Road, Letterkenny, Moushraqi, a Palestinian national, was fined a total of €400.

Sergeant Jim Collins told the court that Gardai arrived to a property at High Road, Letterkenny at 10.40pm on September 3 following a report of a disturbance. When Gardai arrived at the scene, Moushraqi was aggressive and punching a door. He was highly intoxicated and was arrested.

Gardai were subsequently called to a disturbance at Letterkenny University Hospital on November 29 at 11.08pm. The accused man was highly intoxicated and unsteady on his feed and deemed to be a danger to himself and others in the area.

On December 9, at 11.40pm, Gardai were alerted to a man causing a nuisance in a fast food establishment at Port Road, Letterkenny. Again, Moushraqi was again highly intoxicated and unsteady on his feet.

Following his arrest, Moushraqi refused to allow Gardai to photograph him. Under section 12 of the Criminal Justice Act, 2006, Gardai have the power to photograph an arrested person “for the purpose of assisting with the identification of him or her in connection with any proceedings that may be instituted against him or her for the offence in respect of which he or she is arrested”.

Mr Donough Cleary, solicitor for Moushraqi, said alcohol has been a common denominator for his client. He said that Moushraqi has recognised that this is an issue for him, but he has since secured employment in the Letterkenny area.

He said the court would be most concerned about the incident in the hospital.

Mr Cleary told the court that Moushraqi has poor English and he presented with a moderate facial injury.

“He becomes quite animated and somewhat frustrated when he tries to explain his situation,” Mr Cleary said. “There was no aggression to staff and it was borne out of frustration. There was no hostility directed.”

Mr Cleary said Moushraqi acknowledges that he has to take steps to address his alcohol issue. 

Judge Emile Daly said that Moushraqi has a problem that he has to address and he also has to learn to communicate.

Moushrsaqi was fined a total of €400 and given four months to pay.