Man allegedly threatened to ‘kick’ garda

A Ballina man who denies that he was intoxicated, threatening and abusive to a garda after he was arrested, was before Ballina District Court on Tuesday.

Garda Eanna Cuffe gave evidence that on July 8 2010 at 3.10am, he observed a group of men congregated on the corner of Moy Lane and Pearse Street. As Garda Cuffe and his colleague were halfway across the road to these men, Alan Doherty, Lansyn, Bohernasup, Ballina ran from the group down Moy Lane. Garda Cuffe said that he heard the name Cuffe being shouted.

Garda Cuffe said that Doherty, who was intoxicated, was confrontational and abusive to the garda.

On the way back to the patrol car, Doherty made numerous derogatory comments about the court. Doherty also fell on two occasions and shouted and screamed in an attempt to make out that he was being assaulted by gardaí. Garda Cuffe told the court that Doherty also said to him that when he is out of his uniform, “I will kick the shit out of you”. The defendant continued to be confrontational in the patrol car.

Witness Sean Mermit, a friend of Doherty, said that “Cuffe” was shouted by him, but that he was shouting to his friend, whose surname is also Cuffe, to come up from down the lane. The witness said that Doherty did not run down the lane but was walking at a fast pace.

Doherty told the court that he was not drunk that night. He said that as he walked down the lane that next thing he knew was that gardaí were behind him. He said that he was pushed against a wall and Garda Cuffe put his hands in Doherty’s pockets. Doherty said that he asked why he was being arrested and the garda just started laughing at him. The defendant also claimed that remarks were made about his mother, after gardaí called to his house earlier that day. Doherty said the gardaí said that she “asked us in for a cup of tea... that’s not all she asked us in for.” Judge Devins asked Doherty if he was making this up, the defendant said that he was not. Doherty said that ever since he went to the Garda Ombudsman with a complaint he is being harassed and he denied that he was threatening and abusive that night.

Judge Devins remanded the defendant on continuing bail to September 13 for a decision.


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