Man questioned over alleged intoxication had lung condition, court told

Noel Baker

A man questioned by gardaí over alleged intoxication in a public place was actually suffering the effects of a chronic lung condition, with a court told he then verbally abused gardaí and resisted arrest.

Hugh Hicks had previously been out celebrating his 60th birthday in Bandon, Co Cork and was approached by a garda on the Main Street in the town the following morning, as he appeared to be unsteady on his feet.

In Bandon District Court, Judge John King was told by the man’s solicitor that Hicks was actually suffering muscle spasms due to chronic obstructive pulmonary disease (COPD) and not intoxicated.

The same court heard that when Hicks was first approached he told the Garda to “f**k off” and to “mind his own f**king business”. He failed to give his name to the Garda and became aggressive and resisted arrest.

Hicks, originally from Belfast and now living at 34 Deerpark in Bandon, was handcuffed and taken to Bandon Garda station, where according to Sgt Paul Kelly, prosecuting, “he continued to be abusive to every member of An Garda Síochána he interacted with”.

Solicitor for Hicks, Michelle Corcoran, told the judge that her client had been going to catch a bus when the incident occurred on the morning of February 12 last and that as he was walking he had found it difficult to breath.

Ms Corcoran said one side effect of COPD was muscle spasms, and she said her client admitted it was “reasonable” for the garda to feel he was unsteady on his feet.

The court heard that within 24 hours of the incident Hicks also became ill with a vomiting bug.

In court, Hicks pleaded guilty to two charges - a Section 6 Public Order offence and of failing to provide information to gardai - while another public order offence was withdrawn.

Ms Corcoran said Hicks apologised for his behaviour and admitted that it was “not acceptable”.

The court heard he had lived in Bandon for 32 years and had been working full-time until 18 months ago when he was diagnosed with COPD. He is also a father. Ms Corcoran said in relation to the incident that he had not felt he had been given the opportunity to explain his medical condition and its consequences to gardaí.

Judge King said: “He resists arrest and has to be handcuffed to go into custody - how do you explain that?”

Ms Corcoran said her client could not catch his breath at the time, prompting Judge King to remark: “He was able to say ‘f**k off’. He admits that.”

Hicks had no previous convictions and had the benefit of the Probation Act on one previous occasion.

Judge King fined him €300 with six months to pay in relation to the public order charge, taking the other charge of failing to give his name to gardaí into consideration.