A DEFENDANT who claimed he was sober and looking for a dog was convicted of being intoxicated in a public place and fined €100 at Kilkenny Court.
Garda Frances Dunphy told the court that on the morning of March 1 she was on her way to work when she saw the defendant on the road wearing a fluourescent jacket.
“I observed him coming around a corner of a house next door to the garda station. He was intoxicated and said that he was looking for a dog on private property beside the garda station. There was no sign of any dog and I believed that he was a danger to himself and to others. I radioed for assistance at 7.25am and I arrested the defendant.
The garda told the defendant that he had a number of items belonging to him but that he would not be getting them on that date as she was arresting him under the Public Order Act. She also told the court that the defendant was intoxicated which he denied and added that he offered a urine sample to the garda. The garda refuted absolutely that any such offer was made.
Kelly also told the court that he had not been drinking the night before or that morning and had not consumed any other substance and told the court that he was going to get food in the garage when his dog Oscar ran across the road.
“I went off looking for the dog. There was no sign of the dog at the side of the house.”
He added that his father subsequently got the dog and brought it home and that he was due to go to work with his father on the day in question.
The court heard that the defendant has 116 previous convictions. Judge Eamon O’Brien convicted him of being intoxicated in a public place and fined him €100. A charge of trespass was struck out.
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