Longford defendant receives €500 fine after he 'overreacted' to a situation

A row between neighbours that ended with a confrontation between residents of a Lanesboro housing estate was aired at a sitting of Longford District Court.

Enda Nolan (44) of 11 Knock Manor, Lanesboro, Longford was convicted of engaging in threatening and abusive behaviour to breach the peace on Wednesday, July 27, 2022.

The State's evidence was led by Inspector Declan McGlynn. The first prosecution witness was Garda Vincent O'Leary, who outlined details of the event.

Garda O'Leary was one of two Gardaí, along with Garda Sean Harrison, in the only mobile vehicle on duty in the district that day. The officers received a call from dispatch regarding a dispute at the Knock Manor Estate, Lanesboro.

Although the first call was made earlier in the day, and a number of other calls were made after, the officers only arrived at the estate at 4:30pm. Garda O'Leary said the most recent call was made by Geraldine Mimnagh, so they called to her house at number 27 Knock Manor.

Garda O'Leary told the court there was no answer from the door, so he walked back to the patrol car. At this point he saw a male, Enda Nolan, come out of his house at number 11 and run across the green accompanied by his wife Martina Nolan.

The witness said that Mr Nolan ran at him in “an extremely aggressive manner” and “used the f word several times”. Gda O'Leary said the defendant's questions were “demanding in nature” and he was trying to establish why the Gardaí had not called to his door first.

“He was extremely angry, very irate, in my face and invading my personal space,” Garda O'Leary told the court, “I stepped back away and warned him to desist.”

In evidence the officer said when he directed Mr Nolan to leave the area under section 8 of the public order act the defendant continued to be angry and aggressive. The garda issued a second warning, and at this point Mr Nolan returned to his house.

Garda O'Leary said he had to “exercise extreme restraint” not to arrest the defendant, adding: “If we had arrested him it would have necessitated bringing him to Longford Garda Station and removing ourselves from a very volatile situation.”

The officer then went to another one of the houses, number 21 the home of Louise O'Reilly, that had called in a complaint.

There they also met Ms Mimnagh.

After this the officers went to the Nolan home and spoke to the residents. Garda O'Leary said Mr Nolan continued to be aggressive.

The witness said although there was a clear conflict between the three houses, no statements were made and there was no CCTV available.

In cross examination solicitor for Mr Nolan, John Quinn, put it to Garda O'Leary that his client accepted he was agitated, but maintained he left when directed to do so. The officer said this was not the case.

Mr Quinn said his client's wife called the Gardaí because neighbours were taking video of their children.

The solicitor said on the 999 call his client's wife can be heard as a woman screams at her and that following an incident with a neighbour an ambulance was called. The solicitor said the defendant was not the aggressor.

“You were the irate person, you lost your cool,” Mr Quinn said to the witness.

“No,” Garda O'Leary replied, “he came running and screaming at me, demanding to know why we had not called to his house first. His chest came right up to mine, forcing me to step back.”

“You asked him to leave the area, and he did,” Mr Quinn said to the witness.

Garda O'Leary responded: “I agree with you 100%, but he only moved on the second time of asking.”

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The witness said although there were allegations of an assault on the estate before the Gardaí arrived, no formal complaint was made.

The other officer on the scene, Garda Sean Harrison, also gave evidence. Gda Harrison's recollections of the events of Wednesday, July 27, 2022 were the same as his colleague. He said he saw Mr Nolan coming across the green at speed, then being verbally abusive to Garda O'Leary.

Gda Harrison said: “Mr Nolan accused us of some sort of favouritism to the other party. When Garda O'Leary asked him to leave he was verbally abusive. It was persistent.”

The defendant, Mr Nolan, in the witness box said: “Our kids were being recorded by two middle aged women. My six year old son was crying. My wife lost the head and went up to number 21.”

Mr Nolan admitted being upset by the patrol car going to the other house first: “Martina was not happy they didn't go to us first. Martina was the one who was shouting. She said to Garda O'Leary “you had every opportunity to stop this and you did f*** all”. She was very angry.”

Describing the situation, the witness said: “What he says happened did happen, but it was Martina, not me. Tempers were frayed. When Garda O'Leary asked me to go, I did.”

The defence called witness Jennifer Kelly, a neighbour of the Nolans. She said that she saw Geraldine Mimnagh and Louise O'Reilly “sitting out the front of their house, jeering at Martina and recording her”.

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With regard to the conflict between the parties Ms Kelly said: “Garda O'Leary called to the other house and Enda came across the green. They were both giving it. Garda O'Leary told Enda to go home and he did.”

When Inspector McGlynn asked if Mr Nolan's behaviour was aggressive Ms Kelly replied: “I wouldn't call it threatening and abusive – I feel he was upset because he wasn't being heard.”

Mr Nolan's wife, Martina, also gave evidence in the trial. She said she called Gardaí two or three times before the patrol car arrived. Ms Nolan said her husband was not the aggressor: “Garda O'Leary came at Enda, Enda didn't come at him. This has been an ongoing situation for five and half years. These women keep recording our kids and nothing is done about it.”

In summing up the evidence Judge Bernadette Owens noted that there was no doubt that the incident had occurred in a public place.

“The contention that Ms Nolan was the one giving the most grief to Garda O'Leary, and not her husband, was not put to either of the officers when they were giving the evidence,” the judge said, “I have no doubt that the verbal abusive to the Garda was fuelled by Ms Nolan, but I accept the Garda evidence that it was Mr Nolan.

“I am satisfied the State has met the threshold to convict,” Judge Owens said.
In putting forward mitigation Mr Quinn said “tempers were flared” and that his client “overreacted to the situation” and had

“no ill feeling to Garda O'Leary, he knew he was only doing his duty”.

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Having considered the mitigation Judge Owens described the conflict between the neighbours as “a difficult situation” where Mr

Nolan was going in “to shore up” on behalf of his wife.

The judge registered a conviction and imposed a fine of €500.