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In Killarney Court, two festive nights out, two different apologies

By Anna Zacharias, The Kerryman

The Kerryman

In court, an apology goes a long way, as two defendants discovered at Killarney District Court last Monday. Both had encounters with gardaí on a night out in Killarney. One was immediately contrite. One was not.

In each case, Judge David Waters weighed the power of an apology.

Joseph Lenihan (38) of Moanroe, Feohanagh, Co Limerick appeared before the court after urinating on the middle of College Street, Killarney at 2.45am on New Year’s Day.

He was seen by gardaí on patrol, became belligerent to them and addressed one with a misogynistic slur, the court heard. He pleaded guilty.

“At no stage whatsoever was he remorseful, co-operative or anything like it,” Sergeant Stephen O’Brien told the court.

Mr Lenihan had two previous convictions but none for crime.

“He certainly didn’t hold back, judge,” noted his solicitor, Brendan Ahern.

Mr Ahern conveyed an apology from his client to the female garda.

He noted Mr Lenihan was due to fly back to Australia where he had “made a life for himself” as a carpenter.

“They may not want him back in Australia if he gets a criminal conviction,” observed Judge Waters.

The judge noted it was common for defendants to apologise to gardaí once they sobered up, or to return and apologise the next day.

“I’m not impressed at all, Mr Ahern,” said the judge.

The judge said he would, with reluctance, strike the charge if he donated €500 to the garda charity Little Blue Heroes Foundation. He adjourned the case to February 3. “That’s a once-off offer,” he said.

A little while later, a similar case came before the judge.

Conor O’Leary (23) of Coolick, Kilcummin, Killarney got entangled in a dispute at the bottom of Plunkett Street, on Main Street in Killarney on Sunday, December 21. “He tried to engage with two other males,” said the court presenter. A garda directed him to leave the area and the dispute behind. Mr O’Leary instead went up Plunkett Street, met another garda and became abusive.

“He could have just gone away,” said Sgt O’Brien.

His solicitor, Mr Ahern, noted it was “this man’s first time falling afoul of the law”.

“He was apologetic leaving the station, a number of apologies here,” said Mr Ahern.

In fact, added the solicitor, Mr O’Leary was so remorseful that he asked about the next work shift of the garda who arrested him so he could apologise in person. He did so on Christmas Day.

The judge ordered Mr O’Leary to donate €400 to Little Blue Heroes Foundation for charges of public intoxication, abusive language and disorderly conduct in a public place.

“It’s just so silly when a guard gives you the opportunity to walk away,” said the judge. “Gardaí have more serious things to be looking after than that kind of nonsense.”