This article is from page 10 of the 2006-06-13 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 10 JPG
WITNESSES who refuse to make statements do not deserve the protection of the courts, according to a District Court judge.
Judge Joseph Mangan was speaking in the case of a man facing public order charges, arising out of an incident in north Clare last summer.
Simon Bracken, of Doon, Kilfenora, was accused of being intoxicated in public and of engaging in threatening, abusive or insulting behaviour, at Lisdoonvarna Road, Kilfenora, on August 12, 2005.
Garda Louise Casey told Ennnistymon Court that the accused was extremely drunk and abusive at 1.30am. He was handcuffed and placed in a garda patrol car.
“All witnesses were approached with a view to making statements, but they declined to take the matter further,” she said.
Defending solicitor Jim Finnegan said his client has had medical problems, for which he is now receiving treatment.
“It was this, rather than any malice, which was the cause of the incident.”
Judge Mangan read from a report on the accused and said, “It says here he has poor control over his temper. Temper is something none of us ever have a right to have.”
Referring to the witnesses, the judge added, “If these people aren’t prepared to make statements, they don’t deserve the protection of the courts.”
He adjourned the case for two months and ordered that an anger management report be carried out, along with reports on drug and alcohol abuse.