A man who was accused of failing to comply with the direction of a garda sergeant and using threatening or abusive words or behaviour following a protest has had the case against him dismissed on appeal, despite the judge calling his behaviour “despicable”.
Paul Fitzsimons (57) told the District Court Appeals Court that a sergeant approached him on the street and punched him in the back three times, before arresting him while he was walking away.
Mr Fitzsimons, with an address in Baldoyle, Dublin 13, was originally before the District Court on charges of failing to comply with the directions of a garda member and using threatening, abusive or insulting words or behaviour contrary sections 8 and 6 of the Criminal Justice (Public Order) Act, 1994.
His case was dismissed in the District Court under section 1 (1) of the Probation of Offenders Act, 1907.
Mr Fitzsimons later lodged an appeal against that order to the Circuit Court, which re-heard the case.
Sergeant Christopher Jones told the court that was working in Dublin City Centre following two separate protests – both for and anti-immigration – on February 5, 2024.
He said he later made his way to Talbot Street and could see a congregation of people who had been part of the initial protest. He said he was fearful that there would be a further breach of the peace.
Sergeant Jones said that he directed Mr Fitzsimons to leave in a peaceful and orderly manner. However, he said that Mr Fitzsimons told him to f**k off and that he “wouldn’t be as brave without his uniform”.
He said that the appellant’s language was quite irate and that he was becoming somewhat obstructive. He said he believed that Mr Fitzsimons “somewhat walked himself into being arrested”.
The sergeant said that as he gave his direction, Mr Fitzsimons continued to interject and tried to speak across him. He said that his initial direction was for loitering, but that Mr Fitzsimons escalated the matter.
The witness said he completely refuted that he punched Mr Fitzsimons three times.
In his evidence to the court, Mr Fitzsimons accepted that he got “a bit hot headed” and cursed, but said that he was waiting to get his car.
He said that the sergeant approached him and punched him in the back three times. He said that the garda arrested him while he was walking away.
Mr Fitzsimons said that the reason he was cursing was because he was punched and that he was questioning why the sergeant was coming to him.
Counsel for the prosecution said there was ample evidence that a public order offence had been committed as well as evidence that Mr Fitzsimons repeatedly cursed at the sergeant.
Defence counsel for Mr Fitzsimons, Aislinn Finnegan BL, said that her client was on the way back from attending a protest and was merely standing and observing what was happening when he was approached by the sergeant.
She said that he immediately began to leave the vicinity when he was given the direction. She said that her client regrets and apologises for his use of language.
Judge Simon McAleese said that the failure to comply with a direction charge relates to acting in a manner which gives rise to a reasonable apprehension for the safety of persons or for the maintenance of public peace.
The judge said he did not believe the evidence demonstrated that Mr Fitzsimons was acting in that fashion before the direction was given by the garda. He said he was not satisfied that the charge under section 8 was appropriate and granted a dismissal.
Judge McAleese said that Mr Fitzsimons’s conduct was “despicable” and “reprehensible”. However, he said he was also not satisfied that the appellant intended to provoke a breach of the peace.
He said he believed the words were directed at the sergeant rather than as a rallying cry to others.
He said it was the court’s opinion that Mr Fitzsimons was effectively looking for some trouble “which found him”, but believed the appellant wasn’t rioting or anything of the sort at the time.
Judge McAleese decided to also dismiss the threatening and abusive behaviour charge.