Combination of drink and medication blamed for memory loss
Solicitor Brendan Gill
A MAN who was observed jumping up and down on a village street and jeering at passers-by has no recollection of the events, a court has heard.
Kilmallock court heard how Kevin McDonald, 21, of Kiltrislane, Mitchelstown was on medication at the time of the incident and was “somewhat shocked” when gardai informed him of what had occurred.
McDonald was before Kilmallock Court charged with engaging in threatening, abusive or insulting behaviour in a public place in Ballylanders on January 1 last and with failure to comply with the direction of a member of the gardai on the same date.
Superintendent Alan Cunningham of Bruff garda station told the court that on the date in question at 2.40am, Garda Ken O’Day attended Main Street, Ballylanders after receiving reports that a number of individuals were fighting on the street.
The court heard that when Garda O’Day arrived at the scene, he met the defendant who was acting in a very disorderly manner.
“He was jumping up and down on the street and jeering at other people,” said Supt Cunningham.
“Garda O’Day demanded his name and directed him to leave the area,” he added.
The court heard that at 3am in the presence of Garda O’Day, the defendant remarked at a female passing by; “You are one lucky girl the guard is here or I would lay you out”.
Supt Cunningham said the defendant was intoxicated on the night and was causing difficulty for gardai who had to arrest him.
The court head that McDonald had previous convictions for offences including careless driving, and possession of drugs contrary to Section 3 of the Misuse of Drugs Act.
Defence solicitor, Brendan Gill, pointed out that the offences before the court occurred on New Year’s Eve and said that his client “got caught up in the celebrations and drank to excess”.
Mr Gill said that his client was diagnosed earlier this year with chronic kidney disease and since the diagnosis he had not been drinking.
Mr Gill said he had confirmation of the diagnosis from Cork University Hospital.
When asked by Judge Larkin if he had confirmation that his client hadn’t been drinking, Mr Gill said he did not but he was accepting his client’s word.
Mr Gill said his client had suffered a very bad reaction to the alcohol due to the mediation he was taking.
He said the defendant couldn’t recall what happened and had suffered “somewhat of a black out”.
The court heard that McDonald had apologised to Garda O’Day.
“He was somewhat shocked when I advised him as to what was contained in the summary,” said Mr Gill of his client.
Mr Gill said his client who is unemployed had spent three months in Australia and hopes to return there in the future. He said his client had secured an interview with a company in Cork and hopes to secure employment.
Judge Mary Larkin said she was taking into account McDonald’s early plea and his medical condition.
“I trust that in future he will appreciate that his medical condition and alcohol cannot co-exist,” said Judge Larkin.
“It sounds as if he was, out of it, for want of a better expression,” she added.
Judge Larkin applied the Probation Act and ordered that McDonald make a contribution of €200 to the court poor box.
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Wednesday 19 June 2013
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