A CORK man denied being intoxicated or saying to a garda – “You are a f***ing rookie and a f***ing tramp, will you f*** off,” and he said the only reason he removed his T-shirt was because it was 28 or 29 degrees on the day.
36-year-old Robert Boyle of Birchwood Grove, Ballintemple, Cork, denied being intoxicated to such an extent that he was a danger to himself or others and also pleaded not guilty to engaging in threatening, abusive or insulting words or behaviour.
The defendant accused the two gardaí who testified of lying.
Judge Colm Roberts said: “I have to convict. The guards are consistent on the important issues. The allegations of Mr Boyle are of a very serious nature where he alleges breaches of his rights in relation to custody. But it is a compelling case to convict him. I don’t think he is reliable.”
Inspector Pat Murphy outlined details – after Robert Boyle was convicted – of similar convictions several times previously.
Judge Roberts said of the defendant: “He should know better. When sober he is a reasonable and charming enough human being. Drink is maybe something he would want to do something about. He needs to be more respectful to the gardaí.
“He seems to know all about his rights. The right to silence is a very useful thing – so maybe next time, stay quiet.”
The judge imposed a two-month suspended sentence on the defendant, suspended on condition that he keeps the peace and stays out of trouble for a year.
Robert Boyle said he was a shy person and definitely did not make the comments referred to by the prosecution. Judge Roberts said the comments were insulting rather than threatening.
Garda Denis O’Sullivan said that after he and Detective Garda Richard O’Donnell investigated an incident at Chapel Field, Gurranabraher, the defendant was walking away that afternoon on May 4 2020 when he removed his T-shirt and later made the comment to Garda O’Sullivan. Det Garda O’Donnell corroborated this.
Robert Boyle said he had three to five cans of Carling that afternoon but was not intoxicated.
Gardaí said that when they were dealing with an earlier matter in a house in the area, the defendant poured himself a glass from a vodka bottle and drank it in one go and then left the house.
Robert Boyle told his solicitor Michael Quinlan during this case that he did not have a glass of vodka. “There was no bottle. I drank water out of the glass,” the defendant said.