A JUDGE told a man who called a garda a racist during an incident in Kinsale three years ago that it is ‘absolutely unacceptable’ to call anyone that for no reason.
Judge Joanne Carroll made the comment when dealing with the case of Emmanuel Tolea (30) of Apt 1, 22 West Beach, Cobh at Bandon District Court last week.
He pleaded guilty to being drunk in a public place as well as using or engaging in threatening, abusive or insulting words or behaviour
Sgt Tom Mulcahy told the court that at 8pm on April 30th 2023 gardaí on duty for the Kinsale 7s rugby tournament observed an unattended rucksack at the bus stop on Pier Road. ‘Mr Tolea approached the gardaí and became very abusive and called Gda John Lawlor a racist,’ said Sgt Mulcahy.
‘Gda Lawlor told him to desist and there was a lot of people in the area. He began shouting and roaring abuse and claimed the rucksack was his.’
The court heard that he had no identification to say that the rucksack belonged to him. He was drunk and also a danger to himself.
‘More members of the public began to gather and he continued to shout abuse at Gda Lawlor and he was arrested. He continued to be argumentative and obstructive after his arrest. Sgt Mulcahy added that the owner of the rucksack later arrived and produced identification that he owned it. He said the accused has eight previous convictions including five for the possession of drugs, two for criminal damage and two for public order.
Defence solicitor Plunkett Taaffe said his client, a dad of two, had been in Kinsale with a friend but they weren’t there for the Kinsale 7s.
‘They were at the bus stop waiting to get a bus back to Cobh. His friend had a rucksack with him and then went off to the toilet when gardaí came along and saw it unattended,’ said Mr Taaffe.
‘My client mistook what was happening and told them that it belonged to his friend. He accepts now that his reaction was wrong and he wishes to apologise to the gardaí.’
Judge Carroll said that gardaí on the night in question had to regulated a very busy public event.
‘They then see a rucksack unattended and have to investigate as it could have been a bomb. Mr Tolea was insulting and abusive to Gda Lawlor and he wasn’t taking care of the rucksack and was causing a nuisance,’ said Judge Carroll, who also asked if he was still using cannabis.
Of the racist remark she said: ‘To say that to a garda is a serious offence. He was investigating a bag that could have caused a major public incident.’
Judge Carroll put him probation for 12 months with conditions including that he attend addiction treatment and attend anger management therapy.
She warned: ‘You’ve used up all your chances.’
