An elderly man who was collecting money on O’Connell Street in order to help him feed animals and pay for his heart medication was arrested after he was seen by Gardaí “waving a stick” at members of the public, before telling the arresting Garda that he hoped he and his family all got cancer.
Patrick Neenan (72) of Dominic Street Dublin 1 was observed outside the Cleary’s building on the 3 of May last “shouting” with a stick raised in the air.
Giving evidence, Garda James Flynn of Store Street Garda station said that when he approached the accused he was “using threatening language” and when asked to drop the stick, continued being “aggressive verbally and physically” before he was cautioned and arrested.
The court heard that Neenan was arrested “for the safety of the public”, Garda Flynn’s colleagues, and that of himself [the accused].
When arrested he told Flynn, “You’re only a cunt, I hope you get cancer in your liver and lungs,” before adding, “I hope all your family gets cancer”.
When Neenan was “brought to the ground”, he sustained a laceration to his nose after his face made contact with the ground.
Garda Flynn told Judge Michele Finan that Neenan tried to kick his shins in a “side sweep” motion when he was placed in cuffs.
Neenan told the court that he had been collecting money to feed animals when another man had approached him and demanded that he hand over some of the coins, and that he felt the Gardaí had not understood what had led him to become angry and hold up his stick.
The elderly man claimed that the Gardaí had let the man who he claimed tried to take his money go, and that he had been unfairly arrested.
“They didn’t ask him anything,” he said.
He said that he collects money on the street to pay 80 per month for his heart medication as his “medical card has been stopped”, and that he also uses the money to feed “three ponies”, “a mule” and foxes.
Neenan, who is unmarried and has no children, said that he found the cuffs “very tight” and that they caused him pain and that this was why he lashed out verbally.
The court heard that there is no CCTV of the incident as the only camera in the area is a Garda camera which rotates throughout the day, and was not fixed on the location in question at the time.
Neenan said that when he was placed in cuffs he pleaded for them to be loosened and “Went to give him [Flynn] a kick in the shin.”
Judge Finan remarked that the accused “loves animals and he’s kind to them”, and that he should have told the Gardaí what had happened to make him become “irate”.
He was convicted on Section 19.3 of the Public Order Act and ordered to pay €200 within 12 months.