Jailed for being abusive to gardaí

A 43-YEAR-OLD man of Polish nationality was given sentences coming to five months’ imprisonment when he was convicted of threatening a breach of the peace during an incident in Clones last summer.

Patrick Kowal, of no fixed abode, Monaghan Town, denied being drunk or abusive in public at Clones Road, Newbliss, on August 7, 2024. Kowal had also been summonsed for failing to appear at Monaghan District Court in relation to another matter on April 3, 2024.

Kowal admitted in evidence that he was drinking at a friend’s house while in Clones but argued that gardaí forced him on to the roadway and that he was not, therefore, voluntarily in a public place.

Garda Sean Murphy said he had responded to a report about a domestic disturbance at a property in Newbliss. Kowal was present but, as gardaí were leaving the house at about 11:30pm, he followed them onto the Clones Road. He was highly intoxicated and unsteady on his feet, and he began to shout at gardaí, calling them trespassers and threatening them.

Gda Murphy said Kowal was shouting to the extent that neighbours were coming out of their houses to see what the disturbance was about. The defendant was arrested at 11:50am and taken to Monaghan Garda Station, where it was discovered that there was a bench warrant for his arrest for failing to appear in court previously.

Barrister Joseph Smith represented the defendant. With the assistance of a Polish interpreter, Kowal said the gardaí “dragged me outside”.

Mr Smith said a friend of the defendant would be in court later to give evidence in support of what his client was saying.

But Judge Raymond Finnegan said the case would be “long finished” by that time. The judge declined a request from Mr Smith to let the matter stand until the witness was present.

Mr Smith reiterated that his client’s case was that, even if he were intoxicated in public, he was not in a public place voluntarily.

Judge Finnegan, however, said he did not believe Kowal.

Sergeant Lisa McEntee said the defendant had 37 previous convictions, the last being in 2022 for public intoxication for which he was given a suspended three-month sentence.

A number of similar public order breaches were listed, some of which attracted short prison sentences, as well as an assault conviction in 2019 for which 120 hours of community service was given.

Mr Smith said alcohol was clearly a problem in his client’s life and asked for leniency.

However, the judge said, considering Kowal had contested the charge, a two-month sentence was being imposed for the threatening behaviour, with a consecutive three months for the failure to appear in court in April 2024.

The charge of public intoxication was taken into account.

Recognisances were fixed in the event of an appeal.