MR MARTIN FERRIS, of Casement's View, Ardfert, successfully appealed at Tralee Circuit Court yesterday against a three-month prison sentence imposed in the District Court for abusive language and provoking a breach of the peace on October 29th, 1995, when being interviewed by gardai outside his home.
Det Sgt John O'Mahony said he was on patrol duty with Det Garda Martin Nolan with a view to apprehending a vigilante gang operating in the Tralee area. This gang had burned properties and carried out assaults on drug dealers during which a gun was produced on October 22nd, 1995.
On October 29th, gardai in an unmarked car followed Mr Ferris, who stopped outside his home and locked his car. In the course of their interview at about 1 a.m., Mr Ferris told them to f...off and called upon neighbours to come out.
About 14 or 15 people appeared, and Mr Ferris told the gardai he would allow them to search his car only if they arrested him. Mr Ferris told them to f...off a number of times and attempted to provoke them with his language, pointing a finger as if to make a threat.
Mr Malachy Boohig, prosecuting, submitted that the language used and the calling upon neighbours constituted orchestrating a breach of the peace.
Judge Kevin O'Higgins said it seemed to him that, at the very worst, Mr Ferris used Ian the gardai, but gardai were used to hearing language and there was not a garda in Ireland worth his salt if he would be provoked by being told to f...off. In his opinion, the gardai were obstructed, but that had not been the charge against Mr Ferris. The judge allowed the appeal by Mr Ferris, who had conducted his own defence.