Jail sentence for verbal abuse at courthouse suspended on appeal
A man who was kicked out of a Dublin courthouse for being verbally abusive has had his five month jail sentence suspended on appeal, after a judge said his actions were “tearing down the court system”.
Jason Cerfas (23) became verbally abusive to another man in Swords Courthouse in February last year and had to be removed by gardai.
Cerfas, with an address at Mount Rochford, Balbriggan, pleaded not guilty in the District Court to threatening, abusive or insulting behaviour in a public place contrary to section 6 of the Criminal Justice (Public Order) Act, 1994.
He also faced a charge of failing to comply with the direction of a garda member contrary to section 8 of the same act.
He was convicted on both counts and received sentences of two months and five months in custody to be served concurrently. He later lodged an appeal against the severity of that sentence.
Garda Ciaran Tierney told the District Court Appeals Court that on February 22, 2024 he was called to a disturbance coming from the solicitors’ room in Swords Courthouse.
He said that he observed Cerfas in a verbal dispute with another man and the two were separated. He said that Cerfas was being verbally abusive to the other man and he directed Cerfas to leave several times.
He said that Cerfas had to be removed from the courthouse onto North Street in Swords and he directed him again to leave the area. He said that he informed him of the penalties involved in not complying with the direction but he was not in the position to arrest him at the time.
Garda Tierney said that Cerfas left after a number of minutes and was later charged with the public order offences. He said that court proceedings in Swords had to be adjourned for a time in order for the matter to be dealt with.
Defence counsel for Cerfas, Seosaimhín Ní Chathasaigh BL, said that her client was chastened by his experience and wanted to express his sincere remorse for his actions.
She said that he has learned to check his temper and made no excuses for using vulgar language.
Ms Ní Chathasaigh BL said that imposing a custodial sentence would be devastating and that Cerfas may lose his job as a result.
Judge Jonathan Dunphy said that in his behaviour, Cerfas had “no difficulty tearing down the court system” on this occasion.
He said that a number of people in the court were inconvenienced and maybe put in fear due to his actions at Swords Courthouse.
Judge Dunphy said he would take Cerfas at his word that he has changed his ways and decided to suspend his sentences for a period of two years on the condition that he must keep the peace and not come to adverse garda attention.