A Dublin man who was convicted in his absence, after Dundalk district court was told he had used abusive language towards a Garda after being informed that his vehicle was about to be seized, was last week sentenced to two months.
Jim Cash (37) of Boot Road, Clondalkin, Dublin 22 was charged with using threatening, abusive or insulting behaviour on June 22nd 2020.
In February, when Mr. Cash failed to appear for the case which was listed for a contested hearing, the garda involved told the court the defendant had been a passenger in the vehicle in the car park at Lidl, St. Helena’s, Dundalk .
After he was informed that it was going to be seized, he allegedly told the garda “Get out of the way you big f***ing thick you”. The Garda also claimed the accused told him “You look like Superman’s son” and added "F*** off guard I’m leaving".
The court heard when the public order charge was put to him after caution Mr. Cash replied “I did no such thing and I have it on video”.
A bench warrant was issued for sentencing after Judge Eirinn McKiernan was told he had 84 previous convictions including 12 for public order offences.
Last Wednesday the defence solicitor explained that the married father of five had been confused about the adjourned date and added without prompting he had apologised to the garda that morning.
He acknowledged his client’s extensive previous convictions but stressed that Mr. Cash has been engaging with the Coolmine treatment centre and has been undergoing weekly urine tests.
However, Judge McKiernan said the defendant had taken a ‘hearing date’ and didn’t turn up and had been very abusive to the garda.
She imposed a two month sentence but fixed recognizance in the event of an appeal.
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