Sunday, September 13, 2020

A RATHVILLY man dropped his trousers in front of a female garda and asked her “have you ever seen one like that before”, a court was told.

Judge Alan Mitchell said there was nothing for defendant Jason Whelan to boast about as he fined him €300 for indecency at last Wednesday’s sitting of the district court.

“I do not think it’s any cause for him to boast,” said the judge. “The garda was obviously very unimpressed with what was presented in front of her.”

Sergeant John Foley had earlier outlined that two gardaí had attended Mr Whelan’s address at Fr Cullen Terrace, Rathvilly on 30 June 2019 to make an arrest.

The court was told that Mr Whelan had first jumped into a garden before coming out of a house in an agitated state. The defendant then dropped his trousers in front of a female garda and said “have you ever seen one like that before”.

The court was told the defendant had ten previous convictions.

Defending solicitor Brendan O’Flaherty said his client apologised to the court and had apologised in person to the garda.

“He was contrite,” he said.

Mr O’Flaherty said someone staying with his client had been the subject of an arrest. Mr Whelan had been after a few drinks and should not have got involved, added the solicitor.

The court was told that Mr Whelan’s recollection of events was limited.

Mr O’Flaherty said his client had previously been involved in an accident and had received compensation.

“Unfortunately, the compensation was not used wisely. He went off the rails with addiction issues, mainly tablets,” he said. “He has got support from his family but would have concerns going forward.” Mr O’Flaherty said he did not think the offence was “calculated”.

Judge Mitchell said there must have been some calculation to drop his pants.

“I do not think it’s any cause for him to boast,” said the judge. “The garda was obviously very unimpressed with what was presented in front of her.”

Judge Mitchell described the act as “unacceptable” and nothing to be proud of.

“There seems to be certain bravado here, and whether the garda was male or female, it’s clearly an act of indecency.”

The defendant was present in court and offered his apologises to the judge.

“I would not try to attempt it again,” said the judge, who ruled as outlined.

 

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