A 61-year-old man who racially abused a garda after being arrested for public order offences has had his conviction dismissed under the probation act on appeal.
Defence counsel for Denis Bowes told the District Court Appeals Court that her client was “very remorseful” for his actions and that he had a bad night where alcohol was involved.
Bowes, with an address in Inchicore, Dublin 8, was convicted in the District Court of using threatening and abusive behaviour contrary to section 6 of the Criminal Justice (Public Order) Act, 1994. He was also convicted of intoxication in a public place and refusal to give his name and address. He was given a €300 fine in the District Court.
He later lodged an appeal against the severity of his sentence.
A garda told the court that on October 7, 2025, on Emmett Road, Dublin 8, gardai responded to a report of a man screaming and shouting on the street.
The garda said he encountered Bowes, who was unresponsive, intoxicated and unsteady on his feet. He said that Bowes was screaming, shouting and refusing to answer.
The garda said that the appellant was arrested and that on the way to the station, Bowes racially abused him, using explicit language.
Defence counsel said that Bowes had pleaded guilty in the District Court and had offered an apology to the garda.
She said that Bowes had experienced a tragedy in the family around the time and that he was “extremely embarrassed and very remorseful” for his actions.
The garda said he accepted the apology and that he understood the circumstances.
Defence counsel said that a conviction would have a huge impact on Bowes’ employment and submitted that he was not in the right state of mind at the time.
She asked the judge to strike the matter out, considering that the conviction was hindering his employment.
Judge Christopher Callan said that the incident was “not acceptable”.
However, he said that as the garda had accepted Bowes’ apology, he would apply the Probation Act with the condition that a fine be paid to the Capuchin Day Centre. He told Bowes that it shouldn’t happen again.