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10 Aug 2022

Charge dismissed as garda gave wrong date

abusive

Charge dismissed as garda gave wrong date

A Portlaoise man had a charge of threatening or abusive behaviour struck out at last week’s district court, as the prosecuting garda gave the wrong date of the offence in his direct evidence.

Hughie Nevin (20), with an address at 122 Hillview Drive, Portlaoise, was charged with threatening or abusive behaviour, at Laois Shopping Centre, on December 7, 2017.

The accused failed to turn up in court and Detective Garda Michael O’Donovan gave evidence in his absence.

Det O’Donovan said that in December 2018, the accused was at Laois Shopping Centre, even though he was barred from the centre.

Det O’Donovan spoke to him and explained to him that he was barred, to which the accused called him a w*nker and pr*ck.

“He said, ‘F*ck off, Mick, you won’t catch me,’ and took off running,” said Det O’Donovan.

Det O’Donovan said that the accused was roaring and shouting and there were children present at the time.

The accused’s father eventually took the accused out of the shopping centre and Det O’Donovan said he was unable to effect an arrest.

After hearing the detective’s evidence, defence solicitor, Mr Philip Meagher said that the date given by Det O’Donovan was wrong.

Judge Catherine Staines noted that the date on the charge was December 7, 2017, but Det O’Donovan had given a different date in his evidence.

The charge against the accused was struck out by Judge Staines.

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