Wicklow man ordered to pay €5,000 after racist abuse of garda while in custody
The Wicklow PeopleA Wicklow man who directed racist abuse at a garda while in custody has been ordered to donate €5,000 to the court poor box after pleading guilty to an assault aggravated by hatred offence.
Paul Murphy (44), of Ocean View, Ballyguile, County Wicklow, appeared at Bray District Court for the finalisation of his sentence after pleading guilty to intoxication in a public place, threatening or abusive behaviour and assault aggravated by hatred.
An assault aggravated by hatred offence applies where an assault or public order offence is motivated by hostility towards a person’s race, religion, nationality, ethnic origin, sexual orientation, gender identity or other protected characteristic.
The offence was introduced under the Criminal Justice (Hate Offences) Act 2024, which came into force on December 31, 2024, creating aggravated versions of existing assault, public order and criminal damage offences.
A letter from a Garda inspector was handed to the court by Sergeant Mick Canavan outlining the offence, its penalties and that the charge was contrary to Section 2A of the Non-Fatal Offences Against the Person Act.
The legislation allows courts to impose tougher penalties in cases involving prejudice or hostility, and only a small number of prosecutions have come before the courts since it was introduced.
The court previously heard that in December 2024 the accused was observed in an intoxicated state.
When approached by gardaí, Mr Murphy said: “What do you want? You should be out arresting drug dealers in Wicklow town.”
Mr Murphy was arrested and conveyed to Wicklow Garda Station, where he was placed in a cell due to his aggressive behaviour.
Back in March, Sgt Canavan stated that, while in custody, Mr Murphy directed racist abuse at another garda by saying: “You’re a black c** t and a black b*****d.”
Mr Murphy has 20 previous convictions for public order offences, along with multiple drug-related offences, including offences under Section 15 of the Misuse of Drugs Act.
The court was previously told the accused has two children and is recently out of a seven-year relationship.
In mitigation back in March, solicitor for the defence Brendan Maloney said Mr Murphy has struggled with alcohol issues, had been sober for five years, but relapsed prior to the incident.
Mr Murphy is currently living with his mother while working as a digger driver, earning €750 per week. Mr Maloney said his client had previously apologised.
Judge David Kennedy directed Mr Murphy to donate €5,000 to the court poor box in lieu of imposing a fully suspended six-month prison sentence.
The judge initially gave Mr Murphy four months to pay, but extended the period after Mr Maloney told the court the accused is suffering from a blockage on his kidney, which will leave him unable to work for several weeks.