Judge doesn’t buy man’s ‘it wasn’t me’ defence

A NEW ROSS man who claimed he was in the UK when a member of An Garda Síochána saw him in a drunken disturbance at a hotel in Cork in 2015 was fined €300 at court last week.

Edward Cash, 47, of 4 Abbey Hall, New Ross, denied being drunk and a danger at the Clarion Hotel, Lapp’s Quay, Cork, on August 8, 2015, claiming it was a case of mistaken identity.

Garda Michael Bohane said he had no doubt the man he arrested was the man before Cork District Court on Tuesday, Edward Cash.

Cross-examining the guard, solicitor Diane Hallahan said on Cash’s behalf: ‘You are confusing him with a different person. He was not here on the day. He cannot recall being arrested on the day.’

Garda Bohane replied: ‘ That would not be a big surprise.’

Cash went up to the witness box on crutches to give evidence in his defence.

He said he was in the UK at the time of the alleged incident.

‘I don’t know what is going on,” he said.

‘My name is getting given around the country. It was not me he arrested.

‘Surely be to God they’d have CCTV. I am not going to plead guilty to something I did not do, your honour.

‘ The Cash family look alike and have an awful habit of using other people’s names.’

Even though the case dated back more than three years, the defendant said that last Tuesday was the first he had heard of it.

Inspector Finbarr O’Sullivan said to the 47-year-old: ‘ The guard recognised you. You were very intoxicated. He has no doubt you were the person he arrested. The guard is certain. You are mistaken in what you say.’

Cash replied: ‘Like I said, I couldn’t be in two places at the one time, could I?’

Judge Olann Kelleher said the New Ross defendant was simply stating that he was in the UK on the relevant date but he was not presenting any documentation in support of that claim.

The judge convicted him of the public order offence.

At that point, the judge asked if Cash had any previous convictions.

The inspector said he had 91 convictions.

Even after the judge convicted him, Cash continued to assert his innocence.

‘ There are ten Edward Cashes living in New Ross,’ he insisted.

Judge Kelleher said he was satisfied on the evidence to convict him of being drunk and a danger at the Clarion Hotel three years ago.

Cash said to the judge: ‘You saw me there? You were there yourself ? I missed that.’

Judge Kelleher, who sits regularly at the court, fined him €300 or five days in prison in default of payment.