W2C-016 Roscommon Herald-2.txt
Man Given Warning on Attitude to Gardai

A Ballymote man who claimed he was "hassled" by a Garda had summonses against him dismissed when he apologised before Boyle District Court and when the court heard that he had a hearing problem.

Before Judge John Neilan for driving without insurance, giving a false name and not wearing a set belt at Greatmeadow, Boyle on August 3rd last was Brian Leonard, Carrowkeel, Ballymote. The owner of the vehicle, Gerry Clarke, Clerhone, Ballintogher, Co. Sligo, who was a passenger in the vehicle, was fined £ 200 and had his licence endorsed by Judge Neilan for allowing his car to be driven without insurance. The summons for driving without insurance was dismissed against Leonard.

Garda Gerald Barry told the court that when he and Garda Peter Lennon stopped Clarke's Opel Kadett car, he heard Leonard give an incorrect name to Garda Lennon. The defendant subsequently gave his correct name.

"I recall saying to Mr. Leonard to give his correct name which he did," explained the Garda, but replying to Mr. John Kelly, Solicitor for Leonard, he admitted that he couldn't say whether the other Garda asked the defendant for his name.

Mr. Kelly's contention was that in relation to Leonard giving a false name, that of Gerard Clarke, when questioned on that night, his client believed that Garda Lennon asked him who owned the car and not for his name.

Leonard, in giving evidence, said that he had been at a dance in Roscommon. When the dance was over, Clarke requested that he drive his (Clarke's) car home, in view that he (Clarke) had had a "few pints" too many.

The Witness said that he first made sure that he was fully covered on Clarke's insurance, which he believed he was.

He went on to say that when the car was later stopped by Gardai, he remembered Garda Lennon asking him "who owns the car"?" He replied "Gerry Clarke." He informed Judge Neilan that subsequently, the Garda had used "abusive language"," and told him to "get out of the car." "He accused me of being drunk," explained the defendant. He added that he did not remember Garda Barry saying anything.

Under cross-examination from Supt. P.J. Ward, Leonard denied that the accompanying Garda had asked him to give his correct name, and confirmed again that Garda Lennon was being abusive. "He told me to get out of the f — ing car and accused me of being drunk" said Leonard.

When Leonard told the court that he was still seated in the car when Garda Barry came over "five or six minutes" after the other Garda had asked him "to get out"," Judge Neilan wondered how he could reconcile such a statement.

The Judge also added that "the defendant had levelled very serious accusations against Garda Lennon. It's a serious allegation to make."

Solicitor, Mr. Kelly said that there appeared to be "a lot of confusion" over the time-scale of events, and felt that "people have a different perspective of time."

"There's appears to be some misunderstanding as to what was said that night," he added.

The Judge responded by saying "I 'm not prepared to stand idly by, and allow accusations to go unfounded."

Leonard, in trying to clarify the situation said: "He (Garda Lennon) told me to walk up and down the road, and accused me of being drunk. He was hassling me." The defendant, who explained he didn't take a drink, went on to say "I thought I was doing Clarke a good turn."

"Why do you have a difficulty with the Gardai carrying out their duties," he asked.

Supt. Ward explained to the court that if the defendant was unhappy with the Garda's behaviour the options were there for him to make a complaint.

Leonard, a single, unemployed man, was warned of his attitude to Gardai by the judge, who declared that they are "citizens of the state and should be treated with a degree of dignity."

The charge of insurance was dismissed against him, but he was initially fined £ 25 for giving a false name, and further fined £ 15 for not wearing a seat-belt. However, the summonses were later dismissed when Leonard apologised to the court, and when it was later discovered that the defendant had a hearing problem.
