Louth man who repeatedly shouted ‘KKK’ and ‘n****r at garda held in custody before sentencing
The Drogheda IndependentA 51-year-old man who racially abused a Garda has been remanded in custody for sentencing.
Drogheda District Court heard that Stanley Buchan said, “Do you know what they used to do with people like you? Hang them. KKK.”
The defendant, of The Green, Tredagh View, Drogheda, contested a charge brought under Section 6 (a) of the Public Order Act, using or engaging in threatening, abusive or insulting behaviour or words in a public place that is aggravated by hatred.
He also denied assaulting another Garda during an incident which occurred outside his home.
It was argued by counsel that Mr Buchan was not properly arrested and that the racial slur did not happen in a public place, rather in the back of a patrol van.
However, Judge Nicola Andrews convicted the defendant of both charges and remanded him in custody to March 2 for sentencing.
Gda Gavin Durkin testified that at 8.10pm on March 12, 2025, while on mobile patrol in Tredagh View he heard the accused shout, “F**k off, you rats”.
He lowered the window of the car and saw this man jump a fence in his garden as he continued his threatening and aggressive demeanour.
Gda Durkin said Mr Buchan called his colleague a “tramp” and a “n***er”.
On being informed of his arrest, he threw off his jacket and got into a boxing stance. He started shadow-boxing and coming towards the officer.
Gda Durkin continued that he pepper-strayed the man and eventually got handcuffs on him.
He lashed out with his feet, and it was not possible to get him into the patrol car, so a van was requested.
Cross-examined by barrister Niall Mackin, Gda Durkin said he was driving and he lowered the passenger window to get Mr Buchan to desist. There were people about and children playing.
He exited the car first. His colleague was initially afraid to get out.
Sgt Dave O’Leary arrived in the patrol van.
He told the court that Stanley Buchan called him as a “bald, fat b*****d”.
The defendant resisted getting into the van. He pushed him forward into the vehicle. The other man kicked him on the right arm, below the elbow.
Sgt O’Leary said the accused kept shouting, “KKK”, “n****r” and “f**king n****r” to the officer who is coloured.
He continued to shout racial slurs and say, “Ku Klux Klan” and “KKK”.
He also said, “Do you know what they used to do with people like you? Hang them. KKK.”
Sgt O’Leary added that he was not injured and remained on duty.
Counsel argued that there was no evidence of any legislative grounding of the arrest.
His client was just “nonchalantly informed” that he was under arrest.
The alleged assault doesn’t transpire afterwards if the defendant wasn’t under lawful arrest.
Mr Mackin continued the Section 6 (a) charge was a relatively new piece of legislation introduced in 2024.
He said there was no evidence of aggravated hatred. The alleged words used were disgusting and have no place in society.
The slur was not in a public area, but in the back of a patrol vehicle.
Counsel said he was not trying to mitigate the words used.
Inspector Kevin Toner pointed out that the Garda in question had resigned from the force.
Mr Mackin responded that she should be available to give evidence.
Judge Andrews said she was satisfied that the State had proved its case and convicted Stanley Buchan of both charges.
Victim Impact Statements were directed. In a separate matter, the same defendant was convicted of a Section 113 charge which related to him getting into a stationary camper van without permission on April 30, 2025.
Det Gda Michael Dixon testified that at 10.30pm he got a report of two men breaking into a camper van parked at North Quay, Drogheda.
He arrived within minutes and saw that a side window of the vehicle had been smashed. He opened the side door and saw Mr Buchan rummaging through the rear of the van which had been ransacked.
A co-accused had gone through the glove box, the contents of which were on the floor.
The owner said that his nephew had possession of the vehicle at the time.
Mr Mackin said that person should be in court to provide evidence that no one else had authority to be inside the camper van.
The owner continued that he bought the vehicle a month before and put his nephew, a mechanic, on the insurance.
He still hasn’t used it because it cost €1,300 to fix the window and he didn’t have that sort of money. The inside was destroyed. He was slowly fixing it up.
Again, Stanley Buchan was convicted and remanded in custody to March 2 for sentencing.