Court hears publican was in shock after arrest

A FORMER mayor of Sligo told a court yesterday that he went into shock after being arrested in a pub he co-owns,  and prayed  to a medal of Our Lady while being held in Sligo Garda station that everything would work out.

Sligo District Court heard that earlier that night gardaí were locked into Mooney’s pub in Maugheraboy, Sligo, and could not get out after they tried to arrest publican Jimmy McGarry – a Labour Party councillor.

At the end of the hearing Judge Kevin Kilrane said he believed it was very unusual for four uniformed gardaí to enter a licensed premises where there was nothing untoward going on apart from some after-hours drinking.

Sligo is a very busy town for gardaí with a lot of crime, a lot of drug use or misuse and a lot of burglaries, he added.

The judge questioned whether it was reasonable or appropriate for gardaí to spend nine minutes interviewing two young women in a semi-lit room while the bar remained unattended, with customers free to do what they wanted.

Det Garda Cathal Duffy told the judge he arrested Mr McGarry after the publican called him a “f***ing bastard”.

He said the accused had been aggressive and threatening and had asked him why he was not worrying about serious crime in Sligo.

Another garda, Thomas O’Griofa,  said the accused had called him a “prick” and had told him that he obviously liked a few pints himself judging by the size of his belly.

Mr McGarry denied charges of resisting a garda and of behaviour likely to lead to a breach of the peace at Mooney’s bar on March 10th, 2008.

He admitted not having a licence to sell liquor on that date. The court was told that four gardaí  had entered Mooney’s pub on the night after seeing people leaving the premises at about 12.50am.

It was a Sunday night and closing time was 11pm with an extra half hour drinking-up time. There were 10 to 12 people in the bar at the time and fresh pints of Guinness on the bar and tables, and a DJ was playing music.

Det Garda Duffy said that Mr McGarry held on to a table and chairs and to a poker machine when he tried to remove him from the premises after arresting him.

Mr McGarry’s daughter Aideen McGarry had the keys and refused to open the door.

“We were now locked into the bar with no way out,” said the detective who added that it was a worrying situation. Gardaí said that Louise McGarry, wife of the accused, had tried to hold on to him and get gardaí to release him when he was arrested.

The judge heard that Det O’Griofa tried unsuccessfully to force the door open, shouldering it a number of times  but then Aideen  McGarry opened it. The court was also told that the defendant wriggled so much to avoid arrest that his jacket came off and he almost lost his shirt.

In evidence Jimmy McGarry insisted he did not use the terms alleged and remembers thinking “this is a joke. I am fecking going home.”

He had later apologised to the garda  for making the comment about his belly. He had felt sick and went into shock in the Garda station but prayed to the medal.

The judge dismissed a charge of resisting a garda in the execution of his duties saying he did not believe there had been criminal intent  as he did not believe  the accused knew why he was being arrested.

The judge applied the Probation Act on a charge of engaging in threatening abusive or insulting behaviour likely to cause a breach of the peace, pointing out that this was a technical conviction.

The defendant was also fined €200 for having liquor for sale without a current licence.