'Is nowhere sacred' asked Judge Cody at Portlaoise court hearing
St Peter and Paul's Cemetery, Portlaoise
ANOTHER man allegedly involved in a serious public disturbance at the annual blessing of the graves/cemetery Sunday in Portlaoise was brought before Portlaoise District Court.
Two men, a woman and two teenage boys were already before the court over the same incident that took place in St Peter and Paul’s cemetery, Stradbally Road on 31 May.
From the five already before the court, a charge of affray was withdrawn against one of the youths when the court was informed that he already had been dealt with under the Garda Liaison Scheme.
Judge Andrew Gubbins, after hearing the alleged facts in the case, refused to accept jurisdiction on the two men and woman, who were charged with violent disorder. However, he agreed to hear the charge of violent disorder against the other youth at the district court.
At last week’s sitting of the court, Garda Sgt O’Sullivan said that the DPP had directed that the case of the sixth person be heard in the district court, subject to Judge Andrew Cody accepting the case.
Judge Cody asked Sgt O’Sullivan to outline the alleged facts before deciding on whether to accept it or not.
Sgt O’Sullivan said that on the day, about 3,000 people were present in the cemetery. He said gardaí had received advance information that there could be potential for violence among Travellers.
He said the defendant before the court, Gary McInerney (32), Ballygriffin, Kilmacow, Co Kilkenny was allegedly in a very agitated state and had to be restrained by gardaí when he was allegedly throwing punches while others were engaged in a very violent disturbance in which two people were injured and one who received a facial laceration.
He said that Mr McInerney was not involved in either of the two men being injured and the others who had been before the court were not involved in the two being injured either.
Sgt O’Sullivan alleged that Mr McInerney was allegedly “fighting with persons unknown. It was quite serious.”
Judge Cody wanted to know: “Is nowhere sacred?” Defending barrister Andrew Dunne urged Judge Cody to accept jurisdiction in the case, saying that what his client was allegedly involved in was “mere physical and I don’t think it was overly egregious.”
Judge Cody asked: “If Mr McInerney was walking down Main Street and saw a group of people and threw a few punches at them, I couldn’t see why it (case) couldn’t be heard in the district court. But this was the annual blessings of the graves. There were families there. It was a solemn occasion. There were widows and widowers, children and their parents there. It was outrageous. I am refusing to accept jurisdiction.”
Sgt O’Sullivan said he would revert to the director of public prosecutions (DPP) with Judge Cody’s decision and seek updated directions.
He said the others who had already been before the court in relation to the incident were all remanded on continuing bail to the 23 November sitting of the court and asked that Mr McInerney be remanded on continuing bail to 26 November, to which Judge Cody commented: “Was he on the other side?”
He went on to remand Mr McInerney to that date, with conditions that he resides at his address; signs on at his local garda station three times a week; and makes no contact by any means, including by social media, with four named individuals.
