Solicitor asks gardaí if his client received a can of cider en route to garda station

THE SOLICITOR for a man who denies a charge of intoxication in a public place asked gardai if his client received a can of cider en route to the garda station.

“Not to my knowledge. It seems unlikely,” replied the garda.

James Heffernan, aged 44, of Main Street, Kilfinane pleaded not guilty at Kilmallock Court to being drunk in a public place.

Garda Bojan Klaric said he was called to a matter in Kilfinane on the night of January 5, 2024, that is unrelated to the incident before the court. After that matter was dealt with, Garda Klaric said they encountered Mr Heffernan on the Main Street.

“He was visibly intoxicated and slurring his speech. He became volatile and unpredictable. He was a danger to himself and others. We conveyed him to Bruff Garda Station. After I charged him, his reply was: “I don’t agree with this charge as it is laid out”.

Michael O’Donnell, solicitor for Mr Heffernan, put it to Garda Klaric that when he first met his client it was cordial.

“Yes. It started out cordial. Mr Heffernan had a change of mood. I found him to be volatile,” said Garda Klaric.

Mr O’Donnell said Mr Heffernan was not charged with threatening, abusive, insulting behaviour.

Garda Klaric said he was of the opinion there was no need for a Section 6 public order charge (threatening, abusive, insulting behaviour).

Mr O’Donnell said Mr Heffernan will say he was asked if he had anything in the house and one of the belongings retrieved for him was a can of cider,

“Did he receive a can of cider en route to the garda station?” asked Mr O’Donnell.

“Not to my knowledge. It seems unlikely,” said Garda Klaric.

Mr O’Donnell disputed his client’s level of intoxication because he was on the phone trying to source accommodation for the night.

“He couldn’t get through to somebody. He was happy he received accommodation in the garda station. Did he cooperate with gardai there?” asked Mr O’Donnell.

Garda Klaric confirmed he did.

The next garda witness was Garda Robert McCarthy. Mr O’Donnell put it to the garda that the conversation was jovial and Mr Heffernan was having a joke about his dog, Toby.

Garda McCarthy agreed. He said Mr Heffernan’s speech was slurred and he was unsteady on his feet.

Mr O’Donnell asked Judge Nicola Jane Andrews to dismiss the case.

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“He was not intoxicated to such an extent that he didn’t know what he was doing. He was on the phone trying to find accommodation. He wasn’t falling about the place. His behaviour does not reach the threshold of intoxication. He wasn’t a danger to himself or anybody else. Gardai have their own interpretation but it is a bit of a stretch,” said Mr O’Donnell.

Inspector Gearoid Thompson, prosecuting, said the facts speak for themselves.

“Gardai feared for his safety and he couldn’t find accommodation,” said Insp Thompson.

Judge Andrews said she had listened carefully to the evidence and is satisfied the State has proven its case.

Insp Thompson said Mr Heffernan has 38 previous convictions including seven for intoxication and six threatening, abusive or insulting behaviour counts.

Judge Andrews said she would deal with the matter by way of court poor box donation.

If Mr Heffernan pays €100 by May 24 he won’t receive a conviction for intoxication in a public place.