John Collins wins stay over public order exclusion order

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

John Collins was granted permission to challenge a public order exclusion order in the High Court. Mr Justice Seamus Noonan stayed the District Court order pending determination of the case. The proceedings were reported on 9 June 2015.

The report said Mr Collins, 23, of Avilla Park, Finglas, had appeared before Judge Alan Mitchell at Blanchardstown District Court the previous month. He pleaded guilty to being intoxicated and using threatening and abusive behaviour. The offences occurred on 8 March at Cardiffsbridge, Finglas West.

Judge Mitchell fined him €200 for threatening and abusive behaviour and a further €100 for being intoxicated. He also banned Mr Collins for six months from entering any liquor-licensed premises within the Dublin metropolitan area.

The District Court heard that Mr Collins verbally abused gardaí trying to break up a fight he was having with another man. The prosecuting garda described him as drunk that night. Mr Collins had no previous convictions and apologised to gardaí afterwards. The court also heard that he had resolved the issues between himself and the other man.

His High Court action against Judge Mitchell, the DPP, Ireland and the attorney general sought orders including one quashing the exclusion order. Mr Collins claimed it lacked certainty, was disproportionate and breached his constitutional rights. His counsel described it as “vague in the extreme” and unworkable.

Counsel said the ban covered most supermarkets, restaurants and local grocery stores selling alcohol, and that certainty was required because a breach could lead to criminal prosecution. The challenge also claimed interference with autonomy, travel and free movement. The case was to be heard in July.