Fine for man (40) who was abusive to takeaway staff

A €250 fine has been imposed on a 40-year-old man for a public order offence which occurred at a takeaway last year.

Previously, the defendant, Niall Hearty, 38 Cluan Fhada, Lis Na Dara, Dundalk, had his case put back to allow him pay €300 to charity to have charges struck out.

However, solicitor Frank McDonnell said he had only come up with €150 and was not in court.

Evidence was presented that on 31 August last at Mizzoni Pizza, Park Street, Hearty was abusive to staff.

When gardaí arrived, he refused to leave the premises and initially wouldn’t give his name.

Out on the street he failed to comply with a direction to move on and became abusive to the guards.

The defendant admitted engaging in threatening, abusive or insulting behaviour or words and failing to comply with the direction of a garda, offences under Section 6 and Section 8, respectively, of the Public Order Act.

The court also heard that on 12 February, 2018, at 1.50am in Park Street, security staff at Brubakers contacted gardaí after Hearty sat and blocked the door.

He was asked to move on a number of occasions before slightly moving to one side.

Arising from that incident Hearty had pleaded guilty to a Section 8 charge and to being intoxicated in a public place.

He also admitted failing to appear in court on 16 January, 2019.

There are 21 previous convictions.

Mr McDonnell said his client had already proffered apologies. Drink was at the root of all this.

Judge McKiernan fined Niall Hearty €250 on the Section 6 charge, taking the others into consideration.