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Urinating in a garda cell is ‘barbaric’ says Judge Roberts

March 26th, 2021 11:50 AM

By Southern Star Team

The defendant was with a group of males on McSwiney Quay in Bandon.

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A  YOUNG Kinsale man who urinated on the door and floor of a garda cell and has several previous convictions as a juvenile has been warned by a district court judge that jail will be in his future, if he doesn’t stop causing trouble.

Judge Colm Roberts made the comment when dealing with the case of Matthew Kiely of 16 St Eltins Crescent, Kinsale who pleaded guilty to criminal damage and several public order incidents from last year and 2019.

Sgt Paul Kelly told the court that on May 7th last at 10pm Gda Dylan Seymour and Michelle O’Connell went to the assistance of two gardaí who were dealing with a group of males on McSwiney Quay in Bandon.

‘When Gda Seymour went to approach the defendant he became abusive and said “f** off you fam.” He was very drunk, his speech was slurred and he was told to leave the area,’ said Sgt Kelly.

‘However, he continued to insult gardaí and they arrested him and brought him to Bandon Garda Station. While detained in a cell he urinated over the cell door and floor.’

Sgt Kelly said the cost of cleaning the cell afterwards came to €200.

The court heard the defendant has 22 previous convictions, mainly for public order offences, with the majority of them committed when he was a juvenile.

Solicitor Diarmuid O’Shea said his client spent a weekend in Cork Prison last October and he has seen ‘the biggest change in him’ as a result of this.

‘He seems to have changed his company too,’ said Mr O’Shea.

Judge Roberts said that urinating in a garda cell was ‘barbaric’ and sentenced him to three months in prison on the more serious public order charge but suspended it for two years and directed that he be placed under the supervision of the probation services.

Judge Roberts, who remarked that the defendant  was a ‘nasty enough drunk’ said that it was the nature of the criminal damage that alarmed him and said that gardaí  have to work in the station and that it wasn’t acceptable.

‘If it wasn’t for his age, he would be getting a custodial sentence.’

Me Kiely was sentenced to four months in prison on the criminal damage charge, which was suspended for two years also and he was bound to the peace for three years. A ‘drunk in public’ charge was taken into consideration.

‘I hope he stays sober and if he doesn’t Cork Prison would not be a friendly place for him.’

Mr Kiely also faced two public order charges from May 5th 2019 and he was fined a total of €200. A drugs possession charge was dismissed by Judge Roberts.

‘You are no longer Master Kiely, you are Mr Kiely, and all the benefits of master will be gone. If you cause trouble, the suspended sentences will trigger and you could spend four months in prison,’ warned Judge Roberts.

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