Courts / Dublin / Report

Judge rejects argument that barring order had to physically served

Summary

A judge has rejected an argument that an interim barring order must be physically served on a man who obstructed gardai while they were attempting to serve the document. Judge Martin Nolan questioned how the legislation could be effective if the way to avoid it was to "lock the door and not let any gardai in." The man, who obstructed gardai and resisted arrest, had his jail sentence reduced on appeal. He was convicted of two counts of obstructing a garda and one of resisting arrest, as well as contravening an interim barring order. He was sentenced to three months imprisonment on one obstruction charge and six months with two months suspended on the breach of the order. He was also convicted of five separate breaches of an order and sentenced to one month imprisonment on each charge. His legal team argued that the document with the barring order was required to be physically furnished to the accused, and that it was insufficient for the document to be read out to him.

Who, what, where, when and why

What: Report matter: Judge rejects argument that barring order had to physically served. Procedural stage: appeal. Findings: Convicted

When:

• October 15, 2024 Incident
• October 29 Hearing Or Sentence
• November 7, 2024 Hearing Or Sentence
• 2026-07-28 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report