Man acquitted over homophobic graffiti on Dublin gay bar

A 24-year-old man has been cleared of carrying out a homophobic graffiti attack saying “faggots out” at one of Dublin’s best known gay bars.

Eoin Berkeley from Hamptonwood Way, Finglas, Dublin 11, pleaded not guilty to causing criminal damage with chalk graffiti on the facade and panels at the George Bar in the city-centre in the early hours of May 20th last year.

The offence at district court level can carry a sentence of up to one year.

His trial at Cloverhill District Court heard claims Mr Berkeley, who has been getting psychiatric and psychological treatment, was wearing a "raccoon onesie" outfit when he was arrested shortly after the graffiti attack.

Despite allegedly admitting the crime to gardaí, he was granted a dismissal following a number of technical arguments made by defence solicitor Tony Collier.

The lawyer contended that the case had to be thrown out due to gaps in evidence such as the lack of CCTV evidence as well as the absence of a Garda witness who authorised an interview when Mr Berkeley allegedly owned up.

Mr Berkeley has 23 previous convictions including weapons offences, possessing knives and an imitation firearm.

Garda Lorcan Murphy of Pearse Street Garda station told the court that written in chalk on the front of the George Bar was: “Faggots out, faggot, faggot bar, homo fag”. A swastika symbol was also drawn on the front of the bar in chalk.

After watching CCTV footage from the bar, gardaí arrested Mr Berkeley in the vicinity.

Garda Murphy said Mr Berkeley was detained at Pearse Street Garda station under Section Four of the Criminal Justice Act and during interview he “made full admissions that it was him on the CCTV and it was him that wrote these words and images on the front of the George pub”.

An invoice for the clean-up work was furnished to the court. The bar’s general manager Darragh Flynn was called to give evidence and said he saw a swastika as well as the homophobic comments on the front of the bar after it had closed.

He said he watched the CCTV footage of the incident which showed a person in a onesie.

Defence solicitor Tony Collier argued that this witness was not the manager listed on the charge sheet as being the injured party. Judge Blake was told that the named person no longer worked there but Mr Flynn had the same rank.

Mr Berkeley smiled throughout the hearing but did not address the court. He had been in prison on remand since July when his bail was revoked.