‘Scandalous’ abuse of Kilkenny security guard followed by ‘mealy mouthed’ apology, says judge

A Kilkenny man who told a supermarket security guard to “go back to your country, you black bastard” has been handed down a jail sentence, at Kilkenny District Court.

The judge told Michael Carthy, Bay 1 Wetlands Halting Site, Kilkenny, that he ‘should be ashamed’ of himself and said it was ‘a scandalous thing to say to anyone, never mind a man who has been working in this country and serving this country.’

The court heard evidence that on December 9, 2023, Mr Carthy went into Dunnes Stores, Kieran Street, with some others.

A security guard in the store, who had worked there for 18 years, said he was watching the shop on CCTV when he saw a couple of people, including Mr Carthy, in the store ‘running up and down’. He went and asked them to move.

The people started ‘screaming and shouting’ and ‘using very bad words’.
The man said Mr Carthy shouted at him: “Go back to your country, you black bastard” and “f*** your mother.”
It was a public place, at the Kieran Street entrance to the store.

The security guard said the names he was called made him feel very bad. He said he is 60 years old and has been in Ireland for 20 years, working and raising his family. He did not like someone speaking about his mother that way. “Why do I have to go back to my country?” he asked. He said the incident made him feel bad discrimination.

Mr Carthy had contested the charges. Solicitor Chris Hogan cross-examined the witness on his behalf. The solicitor then made a legal application in court to have the matter struck out. This was denied by Judge Brian O’Shea.

Following the ruling Mr Hogan said he was not going into evidence.
Judge O’Shea found the facts proven and convicted Mr Carthy of using threatening, abusive and insulting behaviour.

Inspector Barry Smith said the defendant had a number of previous convictions, including theft and public order matters.
Mr Hayes said his client had asked him to apologise to the security guard. Mr Carthy is staying away from Dunnes Stores and there have been no recent incidents.
Mr Carthy was 20 years old at the time. He is not working but is hoping to start a course at KEY.

Judge O’Shea said he considered this offence to be at upper end of the scale, because of what was said to the security guard.
The words spoken by Mr Carthy were ‘a scandalous thing to say to anyone, never mind a man who has been working in this country and serving this country. Mr Carthy should be ashamed’, the judge said, adding: “He is now making an apology I consider to be mealy mouthed, minutes after he instructed his solicitor to cross-examine the victim.”

Judge O’Shea said the appropriate penalty in the case was two months imprisonment.
Recognisance was fixed in the event of an appeal.