Bohermore man smears cell walls, court hears

A Bohermore man who was heard threatening to kill a man and then smeared human faeces over a cell wall at a Garda station was jailed for six months this week.

Gerry McPhilbin (37 ) with an address at 41 St Finbar’s Terrace, Bohermore, was brought before Galway District Court last Monday where he pleaded guilty to being intoxicated in a public place and to threatening and abusive behaviour at Cnoic An Oir, Rahoon, on February 23, 2009. He also pleaded guilty to criminal damage, namely smearing human faeces on cell walls and bunk mattresses, at Galway Garda Station on the same date.

Inspector Sean Glynn told the court that at 12.45am gardai received a report of males fighting in the Rahoon area. When gardai arrived at the scene they found the defendant outside on the street “shouting into a house”. During the course of the arrest Garda Gerard Dunne heard McPhilbin roar: “I will f**king kill you, you bastard.” He was then brought to Galway Garda Station where he smeared human faeces on the wall of the cell.

Regarding the threat, the inspector explained that the defendant had been arguing with another person and it had been overheard by Garda Dunne. He then said that McPhilbin has 15 previous convictions which include possession of drugs, criminal damage, obstruction, possession of drugs with intent to sell or supply, and assault causing harm.

Defence solicitor Olivia Traynor said that her client had been out drinking with another person and had gone back to a house. However problems arose when McPhilbin had been asked to leave the house and he began shouting and issuing threats. Regarding the criminal damage Ms Traynor said that the defendant knows it was “very offensive” and that money has already been handed over to the State to pay for it. She added that McPhilbin has had “quite a chaotic and dysfunctional life”.

“It’s hard to believe that a mature person would smear human faeces on the wall. It’s absolutely disgusting,” replied Judge Mary Fahy.

Ms Traynor said that the defendant is now attending a psychiatrist, has given up drink, and is “trying to make changes”.

Judge Fahy convicted and sentenced McPhilbin to a total of six months jail and fined him €100 payable forthwith.


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