A man took his angling gear including his rod to court to prove to a Judge that there was nothing “fishy’ about his behaviour.
Emlyn O’Donnell appeared at Letterkenny District Court in Co Donegal complete with fishing bag and fishing rod as he faced public order charges.
Gardai claimed that at 8pm on July 17th last year they were called to a disturbance between two men outside Pearse House in Letterkenny.
They found Emlyn O’Donnell and his friend Mark Patton sitting on a step and that Mr O’Donnell was highly-intoxicated.
When confronted by Gardai, 36-year-old O’Donnell became abusive and was arrested by Gardai.
As he was being arrested a four-inch knife fell out of his pocket and was recovered by Gardai.
Emlyn O’Donnell leaving Letterkenny District Court complete with his fishing gear. (North West Newspix)
The accused man refused to get in the Garda patrol car but was eventually put in but continued to abuse officers and even kicked out at windows in the patrol car.
He was eventually restrained when Gardai used pepper-spray and he was processed at Letterkenny Garda station.
However, in his evidence, Mr O’Donnell, of Railway Partments in Letterkenny, admitted drinking five or six cans of beer after returning from a fishing trip.
He denied being abusive to Gardai and claimed he was attacked by Gardai using a baton.
Pictures of his injuries, which included marks to his head, were produced in court as evidence.
However, officer-in-charge Garda Martin Quinn said he saw O’Donnell on the night he was arrested and said he did not have or complain of being attacked or having any injuries.
Solicitor for the accused, Mr Kieran O’Gorman, denied that his client had been abusive or that there had been any altercation between his client and his friend earlier.
He said that as a result of a fall four years earlier, O’Donnell had smashed his two ankles and had also suffered a head injury which had left him unable to work and is now of special needs.
“He had merely been out fishing earlier and his fishing gear was on a nearby step.
“He does not deny resisting arrest but he simply did not know why Gardai were questioning him because he or his friend had done nothing wrong,” he said.
Mr O’Donnell told Judge Kevin Kilraine that he was on heavy prescription medication for depression and had a bad memory of what had happened.
He said he had been fishing on the River Swilly earlier but denied any wrongdoing.
Gardai denied that there had been any fishing gear found at the scene of the arrest.
Judge Kilraine asked for a closer look at the knife recovered at the scene and having viewed it said he was satisfied that it was a fishing knife.
He dismissed a charge against O’Donnell of possession of a weapon.
However, he said Gardai had a right to speak with people in the course of their duty.
He said he was finding O’Donnell guilty of both Section 4 public order and fined him €100.
He also found him guilty of using threatening and abusive language and the obstruction of a police officer and jailed him for two months but suspended this for two years.
He warned O’Donnell to refrain from taking alcohol while on heavy medication.