Ex-senator cleared of public order charges after garda row
A FORMER senator has claimed gardaí repeatedly told him to ‘f*** off’ and arrested him after he expressed concern for an assault victim.
James Heffernan, 38, walked free from court yesterday after he was cleared of public order offences and rejected claims he threatened to get a garda sacked because he was in the Oireachtas.
The ex-Social Democrats and former Labour Party member, who was still a member of the Seanad at the time, had been arrested and taken to Pearse Street Garda station on March 10, 2016, in Temple Bar Square, Dublin.
Mr Heffernan, of Main Street, Kilfinane, Co. Limerick, pleaded not guilty at Dublin District Court to public order charges.
Garda Joe O’Connor told Judge Bryan Smyth gardaí had cordoned off part of Temple Bar after a serious assault at around 8pm that night.
He said Mr Heffernan walked over to the tape and asked what had happened. After Mr Heffernan said he was not a witness, the garda told him ‘it was none of his concern and to be on his way’.
He said Mr Heffernan had drink taken and claimed he repeatedly tried to walk into the area.
The officer directed him to leave under the Public Order Act but claimed Mr Heffernan said he was member of the Dáil and ‘would get me sacked if I did not let him on his way’.
The garda warned he would be arrested and alleged Mr Heffernan replied: ‘You will have to f ****** arrest me so.’ He was taken to Pearse Street and refused to accept a caution.
Mr Heffernan told Judge Bryan Smyth he was concerned when he saw the unconscious victim.
He claimed he asked gardaí if an ambulance had been called but said: ‘I was told to f*** off, it had nothing to do with me.’
Mr Heffernan said he was shocked and repeated his request but ‘I was told in no uncertain terms to f*** off about my business, it was a crime scene’.
He denied threatening to have the garda sacked or trying to pull rank.
Judge Smyth said the former senator probably got ‘a little bit more involved than he should have’ but dismissed the case.