A FISHERMAN has avoided a prison sentence after he threatened to “bate” an on-duty fisheries officer with his oar while being questioned on the River Shannon.
Damien Mallard, 32, of Oliver Plunkett Street, St Mary’s Park, and Shane McNamara, 28, of St Ita’s Street, were convicted and fined €469 for obstructing a fisheries officer while boating on the river on July 5, 2019.
The court heard that they were on the river in the Thomondgate area.
Ray Byrne, an officer with the Inland Fisheries Ireland, told the court when he went to question the two occupants of the boat, “they rowed in the opposite direction”.
Mr Byrne said that Mr Mallard picked up his oar and “started swinging at me and said that he would bate my head with it”.
Mr Mallard then concealed his face with a black balaclava and Mr McNamara put a hood over his head, Mr Byrne said.
“They refused to give their names,” he told the court.
Both men were previously convicted and fined €500 for using an illegal net in December 2019.
Solicitor for Mr Mallard, Tom Kiely, told Judge Brian O’Shea that his client apologised for his behaviour, and that there was “no excuse” for his actions on the day.
“He accepts that this kind of behaviour is unacceptable,” he said.
Mr McNamara’s solicitor, Turlough Herbert said that his client “apologises to the fisheries officers who were trying to do their job”.
Judge O’Shea said that Inland Fisheries Ireland officers’ authority “deserves to be respected”.
Judge O’Shea imposed a four-month sentence, suspending for 24 months to both men, provided that they keep the peace. He awarded costs of €469 against both men.
“If these men had contested their case and lost, I would not have suspended their sentence,” the judge concluded.
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