Two Belfast men who had to be pepper sprayed by gardai following a row at a Letterkenny hotel have appeared in court.
John Burns and Bernard Burns appeared before Letterkenny District Court in connection with the incident on June 5, 2023.
Bench warrants were executed on both men by arrangement, Garda Pauline Doherty told the court.
Sergeant Jim Collins outlined that gardai were on patrol at 12.05am when they observed people “arguing and acting aggressively’ at the front entrance of the Mount Errigal Hotel.
The court heard that John Burns became “verbally abusive” and physically pushed Garda O’Keefe.
Gardai had to deploy petter spray to subdue both John Burns (60) and Bernard Burns (30) – both of Rosapenna Street, Belfast – who were arrested and taken back to Letterkenny Garda Station. When searched, John Burns was found in possession of a small quantity of a controlled drug.
The court heard that Bernard Burns has no convictions and John Burns has no previous in this jurisdiction, but has been convicted of criminal damage and engaging in riotous behaviour in Northern Ireland.
Mr Frank Dorrian, solicitor for both men, said his clients travelled from Northern Ireland and were having dinner in the hotel. He said the men were “behaving perfectly” before another party began to make offensive and provocative remarks.
Mr Dorrian said this gave rise to annoyance on the part of his clients and “everything flowed” from those circumstances.
Mr Dorrian said that what was said to the men was “gravely offensive” and it developed into an “unseemly situation”.
The solicitor said that there was a degree of alcohol involved “which didn’t help my clients’ equilibrium’, but said they were here to deal with the matter, which will not be repeated.
Judge Éiteáin Cunningham said the court did not condone the behaviour, which was “significant” in that pepper spray had to be deployed.
John Burns was convicted and fined €200 for using threatening, abusive, or insulting words or behavior in a public place with the intent to provoke a breach of the peace or being reckless about causing one – a charge contrary to section 6 of the Criminal Justice (Public Order) Act, 1994.
He was also fined €100 for the possession of drugs. In relation to both fines, he was given five months to pay.
Bernard Burns was also convicted and fined €200 for an offence contrary to section 6 of the Criminal Justice (Public Order) Act, 1994.
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