MOTORIST (36) ACCUSED GARDAI OF BEING RACIST
A 34-year-old motorist who accused gardaí of being racist after they stopped him after he failed to indicate at a roundabout, has appeared before the district court.
Andrew Omoh, 77 Scalpay Close, Leicester, England, contested charges of engaging in threatening, abusive and insulting behaviour and resisting a garda in the execution of his duty, following an incident which occurred outside his brother’s house in Woodville Park, Tom Bellew Avenue, on 1 November last.
Garda Stephen Kilgannon gave evidence that at 10.10pm on that date his attention was drawn to a white Volkswagen Golf which failed to indicate on Tom Bellew Avenue.
He stopped this vehicle in Woodville Manor. The defendant, who was driving, became ‘extremely abusive’ and shouted: ‘F**king police are racists. I am African and I get this every day.’
Gda Kilgannon continued Andrew Omoh went to his brother’s house to get his passport. He then got his children to the front door of the house and said: ‘Look, kids, these are the stupid people who are running your country.’
The defendant resisted arrest by refusing to remove his hands from his pockets. He was restrained by two officers before breaking away.
Gda Kilgannon added he called for assistance.
Andrew Omoh then entered the back of the patrol car and refused to let Gda Kilgannon in.
He was handcuffed and brought to Dundalk garda station where he made no reply to the two charges put to him.
Gda Kilgannon told solicitor Paula Tiernan he stopped the car in the driveway of the house.
Ms Tiernan applied for a dismissal, submitting the driveway is a private place.
However, Judge Coughlan over-ruled her. ‘ The public have access to the driveway. End of story.’
The solicitor continued her client was charged contrary to Section 19, which in itself doesn’t disclose an offence. He was charged under the wrong section. It should have been 19 (3). The charge sheet was incorrect.
The judge agreed. He dismissed the charge of resisting a garda.
Andrew Omoh testified he was travelling back to his brother’s house from Belfast at about 9.45pm, with his wife, kids and brother, Kenneth.
He approached the roundabout at Woodville Manor, then turned into Woodville Manor and saw blue lights.
The gardaí told him he did not indicate at the roundabout.
He said sorry, and was asked for ID and where he got the car from.
‘ They started questioning me in an insulting manner. I told them I was going into the house for my passport and I brought it out.’
The accused continued he was in the front driveway of the house. His daughters were looking on and crying.
‘ They arrested me and took me away. I was arrested with my kids standing in front of me.’
Cross-examined by Inspector Declan Monaghan, he said he never spoke foul language.
Ms Tiernan quoted a ruling in a Supreme Court case of DPP v McCreesh which held that gardaí trespassed and the arrest which followed was unlawful.
‘I reject your point,’ said the judge. He added: ‘ This is a matter which got out of control.’
Judge Coughlan said €50 should be taken out of €200 bail money, and given to charity.
When that was agreed, he struck out the charge of engaging in threatening, abusive and insulting behaviour.
The defendant was given legal aid. Meanwhile, Kenneth Omoh (33), 69 Woodville Manor, Tom Bellew Avenue, a brother of Andrew Omoh, who was accused of failing to provide his name and address and failing to comply with the direction of a garda, had those charges struck out by the judge.