A Raphoe man who shouted a string of abusive words at Gardaí and asked them to get out of their patrol car and fight him has been fined at a sitting of Letterkenny District Court.
Dean Kelly, 38, with an address at 9 St Eunan’s Terrace, Raphoe was arrested at The Diamond, Raphoe on April 20 this year.
The court heard how an intoxicated Kelly started shouting obscene profanities at Gardaí as he approached the patrol car they were sitting in.
Kelly staggered towards the patrol car and continued to shout abuse towards the Gardaí.
Several times, the court heard, the Gardaí instructed Kelly to leave the area immediately and return home.
Kelly refused and then asked the Gardaí to get out of the car and fight him.
He then approached the window of the patrol car and told them again to get out of the car and fight him.
At this point Kelly took up a fighting stance and began to get more aggressive and animated towards the Gardaí.
Gardaí where then forced to use pepper spray to restrain Kelly, and the effects of the spray resulted in Kelly finally calming down.
Kelly was taken to Letterkenny Garda Station following his arrest.
However, the defendant’s solicitor Frank Dorrian said that Kelly had become irritated because he had been the victim of mistaken identity.
Mr Dorrian said: “The Gardaí were searching for somebody else at the time, and were convinced he was the person they were looking for.
“He got irritated because they wouldn’t believe him and began to get aggressive.
“However, they then released him without charge because they realised they had made a mistake.”
The court heard how Kelly had ten previous convictions, but were mostly for road traffic offences.
Judge Denis McLaughlin took into consideration Kelly’s guilty plea, and the fact that most of his previous offences took place quite a while ago.
He fined Kelly €150 and gave him four months to pay the fine.