'You and whose army will arrest me?': Longford man fined for public order

A man has been convicted and fined €300 for public order offences following a hearing at a special sitting of Longford District Court last Wednesday.

Johnny West, 22 Casey Court, Kenagh, appeared before Judge Bernadette Owens who heard evidence of an incident which occurred on Frayne’s Lane, Kenagh, in August of last year.

Gda John Fitzmaurice told the court that he was on duty that night when Gardaí received a call of a disturbance in Kenagh Village from a neighbour of Mr West’s daughter.

A number of Gardaí attended Frayne’s Lane, just off Cartron Road in Kenagh and spoke with the man who made the complaint.

“While in the house, we could hear somebody to the rear of the property, so myself, Sgt Nohilly and Gda Doherty exited the house and walked around to the lane at the back of the house.

“While going around the back of the house, we met Mr Johnny West,” Gda Fitzmaurice explained.

“He was intoxicated at the time. He was unsteady on his feet and he had a glass bottle of beer in his hand.

“He approached us in an abusive manner. We tried to speak to him to give him directions to leave the area. We explained should he fail to leave, he’ll be arrested and he held up the glass bottle and asked ‘you and whose army will arrest me?’”

It was then that Mr West’s daughter, Sharon came out, Gda Fitzmaurice explained.

“My sergeant asked her if she would be in a position to take Mr West and she stated she had a young child asleep in the house and she wouldn’t want him around in that state,” he said.

“Mr West continued to refuse to leave the area, so he was arrested, handcuffed and conveyed to Longford Garda Station.”

When Mr West took to the witness box, he explained that he’d had a dispute with his daughter and that three Gardaí came around the back of the house.

“I walked around to the Gardaí and I had a cigarette in my hand,” he said.

“I asked one of the Gardaí could I have a cigarette and he said yes. Then one guard knocked it out of my hand and three guards threw me to the floor. I wasn’t talking to the guards for one minute.

“I didn’t get a chance to talk to the Gardaí at any stage.

“They forced me face down, put my arms up and cuffed me. Then they dragged me along the ground, picked me up and threw me into the van. I wasn’t being abusive or anything like that.”

Inspector Paddy McGirl, for the state, asked Mr West what was said to him during his arrest.

“Nothing. I was thrown to the floor. There was nothing said until I got back to the station,” said Mr West.

“I find it hard to comprehend why Gardaí would pounce on you in such a manner,” said Inspector McGirl.

“Are you saying the Gardaí met with you and, without any conversation, arrested you and threw you to the ground?”

“Exactly,” said Mr West.

“I’ve never witnessed that before,” said Inspector McGirl.

Mr West also denied having a glass beer bottle and saying “you and whose army” when informed he was going to be arrested.

His solicitor, John Cullen, in questioning all witnesses, attempted to draw focus to the treatment Mr West received from Gardaí.

He stated his client was injured during his arrest and tried to furnish the court with photographs.

However, Judge Owens refused to allow such a focus, requesting instead that Mr Cullen stick to the facts of the alleged public order incident only as any other issue was a matter for another court.

Mr West’s daughter, Sharon West, confirmed that she and her father had “had words” on the night in question but denied refusing to take him into her home.

She gave evidence that Gardaí had forced her father to the ground and “dragged” him to the van and that she had witnessed no conversation between her father and Gardaí before his arrest.

When questioned by Inspector McGirl, however, she admitted she did not witness anything before going outside and seeing her father being arrested.

“It would appear to me that the case before me relates to allegations of a section 6 public order offence,” said Judge Owens after hearing the evidence.

She noted Mr West’s denial of asking Gardaí “you and whose army will arrest me?” but stated that she did not believe Gda Fitzmaurice to be fabricating this evidence.

“This is very precise evidence and a very precise comment that it would appear to me there was no generalisation and I am satisfied that evidence was correct,” said Judge Owens.

Mr West came before the court with 13 previous convictions, which included four counts of criminal damage in 2018 and section 6 public order in 2011.

Judge Owens proceeded to convict Mr West and fined him €300, giving him five months to pay.