Man loses appeal over swearing at garda

A former motor cycle courier has defended his use of the "f" word to a garda on the grounds it was commonly used by everyone - …

A former motor cycle courier has defended his use of the "f" word to a garda on the grounds it was commonly used by everyone - including RTE.

Paul Griffith, of South Circular Road, Dublin, was appealing in the Circuit Court against a £50 fine for having committed a breach of the peace when he said to Garda James O'Leary: "What the f*** are you stopping me for?"

In court, he asked Garda O'Leary, of Donnybrook Garda Station, if he would be prepared to prosecute RTE for a breach of the peace every time the "f" word was used on radio or television.

As Garda O'Leary considered the question, Judge John Buckley intervened to state the garda had been fair in his evidence.

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Garda O'Leary told the court that when he stopped Griffith driving his motor bike in a bus lane on Morehampton Road in September, 1999, Griffith had become very aggressive and he felt he was going to be assaulted. Griffith had been fined £50 for driving in a bus lane and another £50 for a breach of the peace under the Public Order Act.

He said everybody used the "f" word nowadays including RTE and he felt any objection to its use had to be on religious rather than legal grounds.

He told the court local authorities were confusing the general public by publishing newspaper notices about the closure and reopening of bus lanes to facilitate road works.

Judge Buckley said he had some sympathy with Griffith in relation to various changes in the operation of bus lanes and struck out the £50 fine. But he affirmed the £50 fine in respect of the Public Order Act.