Cork man charged with verbally abusing traffic warden had diabetes issue

A Cork man who was charged with verbally abusing a traffic warden who asked him to move on from an illegal parking place had stopped to deal with a low blood-sugar event because he had diabetes, a district court was told.

Fermoy District Court heard it was alleged that Josh Daly, aged 28, of Roberts St, Mitchelstown, engaged in threatening and abusive behaviour towards traffic warden John Barry, who had asked him to move his car stopped on a double yellow line on McCurtain St in Fermoy.

It was alleged that Mr Daly told the traffic warden “don’t touch my fucking property”, “go and get a real job”, and shouted abuse at him.

Mr Daly, who has type one diabetes, told the court that he had parked at the side of the road and put his hazard lights on as he could feel the effects of low blood sugar coming on, and it would not have been safe for him to continue. He said his son and partner were with him in the car.

Mr Daly told the court he took five glucose tablets to counter the low blood-sugar episode, and his partner went into a nearby shop to get him a drink. 

Wait

Mr Daly said he had to wait for his blood-sugar level to rise and, as he did so, the traffic warden approached the car and asked him to move on from the double yellow lines where he was stopped.

Mr Daly said he explained he could not drive until his blood sugars had recovered in 10 or 15 minutes and alleged the traffic warden returned a short time later, became aggressive, and tried to open his car door, which he said frightened his son.

Under cross-examination, Mr Daly admitted he was parked illegally and had told the traffic warden to “go and get a real job” but denied using foul language. He said he was parked illegally, but couldn’t drive off, which was “also illegal”.

Defence solicitor Killian McCarthy said that while Mr Daly admitted telling Mr Barry to get a real job, the language could be described as disrespectful rather than insulting. 

Evidence

Judge Colm Roberts said he found the evidence of the traffic warden more credible, and added that Mr Daly had effectively admitted guilt by accepting he had told Mr Barry to get a real job.

The court was told that Mr Daly had 31 previous convictions, including one for threatening and abusive behaviour. Judge Roberts said Mr Daly “may be trying his best but this day was not one of his good days”.

He placed Mr Daly on a probation bond on his own bond of €250 for 18 months, on condition he is civil, polite, and respectful to John Barry. 

Recognisance for appeal was fixed at €500 with €250 cash.

• This article is funded by the Courts Reporting Scheme.