A Dail candidate in the last general election was found guilty of violent behaviour in a Garda station following his arrest under the Public Order Act while he was canvassing.
Before the Dublin District Court was Dr Peadar O'Grady (32), a child psychiatrist, from Cameron Square, Dublin, who was a candidate for the Socialist Workers' Party in Dublin South East.
But after convicting him, Judge Desmond Hogan said that to dismiss the charge under section 1 (i) of the Probation of Offenders Act would still leave the defendant with a conviction recorded.
The judge then said he would strike out the charge on condition £200 was paid into the court poor box. Dr O'Grady's solicitor gave the undertaking. The judge said: "If the accused does not learn to control his temper there might be another day in another court".
The judge said the defendant was truculent, engaged in conduct unbecoming a gentleman, was annoyingly insistent on his rights and his conduct outside the shopping centre bordered on vulgar abuse.
However, he dismissed public order charges, saying there was a constitutional right to free speech and there was no evidence that it would have caused a breach of the peace as gardai were expected to act with restraint.
Dr O'Grady had originally faced five summonses. Charges of offensive conduct, failing to leave Lower Rathmines Road on May 17th when directed to by a garda, assaulting Sgt Anthony Burke and breach of the peace in Rathmines Garda station were all dismissed.
Dublin District Court heard Dr O'Grady shouted at gardai in Rathmines Garda station "tiochfaidh ar fucking la" and "fucking bastards" following his arrest outside the Swan Shopping Centre, Rathmines.
Garda Gabriel Duffy said he received a complaint from a member of the public and found the defendant at the entrance to the shopping centre around 1.30 p.m. shouting about corruption in Irish politics and screaming "Jail Lowry" and "Jail Haughey".
Garda Duffy said "it was as if he was insane. He was harassing people, roaring and shouting in a frantic manner. He was extremely loud and interfering with the free passage of people going about their business."
Ms Virginia Joyce, who was working in a pharmacy nearby, said she could not hear what customers were saying to her because of Dr O'Grady shouting about Ben Dunne and a minimum wage.
The court heard when told to quieten down Dr O'Grady started shouting at the garda "get out of my face", "I am telling you sir to get out of my way" and told a crowd of supporters and on-lookers: "Witness this police harassment".
Garda Duffy denied a suggestion by defence counsel Mr Eamonn Leahy SC that it was the content of the speech that caused the arrest, or that he told Dr O'Grady in the patrol car: "You can't say those things about corruption in the State".
The court heard the defendant was "awkward and contrary" in the station and offered token resistance by pushing two officers. He kept demanding to know why he was arrested and insisting on making complaints.
It was alleged Dr O'Grady later punched Sgt Anthony Burke while being escorted from the Garda station at 3.40 p.m. and had to be rearrested. When he was eventually released about 7.30 p.m. he made a gesture at the station in front of up to 30 supporters protesting outside with makeshift placards saying "Free Peadar O'Grady".
Dr O'Grady told the court he had never been on an election campaign or in custody before and admitted "things got out of hand" because he suddenly found himself in an unfamiliar environment.
Judge Hogan also struck out the common assault charge because of uncertainty following the abolition of the offence by the Non-Fatal Offences Against the Person Act.