A man arrested during last February's big war protest in Dublin was ordered to work with the homeless after he was convicted of being drunk during an incident in which a garda was struck on the back of the head.
Darragh Lynch (20), Grange Road, Raheny, Dublin, denied being drunk and disorderly, assaulting the officer, breach of the peace and failing to obey a garda direction to move on during the protest on Dame Street on February 15th.
Judge Miriam Malone dismissed three of the charges but convicted him of being drunk.
Dublin District Court heard Garda Eoin Waters was on crowd-control duty near the Central Bank at around 6.30 p.m. when he received a punch to the back of his head. "I turned round and saw Darragh Lynch with his fist raised towards me," he said.
There was nobody else in the immediate vicinity but, given the large number of people around the street, he decided not to arrest him immediately but told him to move on under Section 8 of the Public Order Act.
Mr Lynch had a can of beer in his hand and was "obviously intoxicated" because, said Garda Waters, he then started dancing in front of the officer saying "get the scum, get the pigs". Under cross examination from solicitor John Woods, Garda Waters denied that all Mr Lynch did on the night was to dance in the middle of the street.
A second garda gave evidence of seeing Mr Lynch strike Garda Waters and then dance in front of him in a taunting manner. However, he said he saw the incident occur on the opposite side of the street to which his colleague gave evidence about.
Judge Malone said, given the difference about the location of the assault, she had to dismiss that charge. She was also not satisfied in relation to the breach of the peace and the failing to obey a direction.
The court heard Mr Lynch had no previous convictions and was a musician who plans to go to art college after travelling for a year.
Judge Malone said if his solicitor produces a letter on June 18th to show he has done voluntary work with either Simon or Focus, she would deal with the matter in a way which could leave him without a criminal record.
