A Letterkenny man who came to court on a public order charge and told the Judge he would not apologise to gardai "saw the light" after consultation with his solicitor.
He was given a chance and ordered to pay ¤1,000 to Donegal Youth Service.
Garda Martin Mannion told the court that on March 19 he noticed a disturbance outside the Four Lanterns at 3.05am. There was a large crowd gathered, and when he went to investigate a large part of the crowd dispersed. The defendant, Francis McConnell, of 19 McNeely Villas, Letterkenny, however, refused to leave the scene and Garda Mannion noticed that he was bleeding from his mouth. Garda Mannion then asked McConnell if he was OK and McConnell replied: "F**k-off you pig". He then put his face up to Garda Mannion's and began behaving in a very aggressive manner. The guard said the defendant continued to be abusive and also called him a "pig b*****d" when he tried to put him into the patrol car.
McConnell was not represented by a solicitor in court, and he said: "I'm not apologising unless he apologises to me. He had me on the floor of the car.
Judge Zaidan remarked that the gardai had the right to use reasonable force "given the circumstances they are presented with.
The Judge also remarked that he was not impressed with McConnell's attitude and said: "You are going to prison. Do you understand."
McConnell, however, retained his attitude before the court, at which point Judge Zaidan stated that he was going to assign a solicitor to the defendant. Addressing solicitor Mr Kieran Dillon, Judge Zaidan stated: "He did not want a solicitor but I am assigning you to him."
Mr Dillon stated that he required some time to talk to his client. McConnell's case was then called later in the day where Mr Dillon stated that his client wished to apologise to the Judge for his "intemperate remarks" made earlier in the day.
He said: "I'm sorry for the way I spoke and all, and my attitude." He also apologised to Garda Mannion for the "trouble and inconvenience "
Judge Zaidan commented: "You know you can't come into court with a cavalier attitude to law and order which suits you."
Outlining the facts of the night in question Mr Dillon stated that his client had been in a nightclub where he was the victim of an assault and became very angry.
"He was angry with the world at large and reacted very badly".
Explaining his client's situation Mr Dillon stated he was an 18 year old who is single and lives at home. He is involved in the construction of agricultural sheds and outhouses and travels across the county in the course of his work. He is also undertaking an apprenticeship in steel work.
Mr Dillon said his client had a strong work ethic and played and trained with his local football team.
Judge Zaidan remarked: "I hope he doesn't behave like that on the football field. Is there any reason why I should not give him a red-card straight to jail?"
Mr Dillon added that during the brief discussion he had with his client he had a "road to Damascus" experience and had "seen the light here today".
The Judge concluded that while he was aware a prison sentence would destroy his life McConnell's attitude was "wholly unacceptable".
"Police officers have the right to go about their duty. The least they deserve is a bit of respect from all of us."
In making his decision Judge Zaidan told McConnell that he was being very lenient with him and gave him the benefit of the Probation Act which means a conviction will not be recorded. The defendant was ordered to pay ¤1,000 to the Donegal Youth Service and given six months to pay as Judge Zaidan stated he was anxious that the defendant was able to compete the payment. Should he not complete the payment Judge Zaidan made a default order for two months detention.
