An unsuccessful general election candidate has been spared jail and a criminal conviction for becoming “irate” and threatening a Garda sergeant after addressing a rally in Dublin last year.
Irish Freedom Party activist Paul Fitzsimons (56), from Grange Road, Baldoyle, was charged with unlawful possession of a knife as a weapon, failing to comply with garda directions and engaging in threatening, abusive or insulting behaviour in an incident at Talbot Street in the city centre on February 5th last year.
The podcaster and IT consultant pleaded not guilty at Dublin District Court.
Having reviewed the evidence, Judge Patricia Cronin gave him the benefit of the doubt and dismissed the knife charge after noting the reason he had it was to cut down posters.
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Defence solicitor Lorraine Stephens pleaded for leniency for the father-of-three, stressing he had not come to negative attention since and his community work. On the day, he had expressed frustration at being told to move on, which was generally a direction given to young people, she submitted.
However, Judge Cronin found him guilty of the two Public Order Act charges.
Noting his last prior conviction was in 2003 for a motoring offence, Judge Cronin held that she could treat him like a first-time offender, and she applied the Probation of Offenders Act.
In evidence, the former taxi driver said he was part of a rally that marched from the Garden of Remembrance along O’Connell Street to the Custom House, where he addressed a crowd.
Fitzsimons said he told other marchers to keep moving in response to being confronted by counter-demonstrators. The court heard that hundreds of gardaí were in the area acting as a “buffer between the two groups.
Fitzsimons said he was taking down posters after the gathering, so he had a knife with two blades, one of which was retractable like a Stanley blade. He bought it in a Woodies store and only had it for cutting cable ties to hang posters. Otherwise, it was kept in a zipped pocket, he testified.
Afterwards, he was making his way to his car and stopped at Talbot Street, where gardaí, including a superintendent, were present.
An opposing group had passed through there about 15 minutes before he arrived.
He said a Garda sergeant appeared over his shoulder and told him to leave, citing section eight of the Public Order Act. The accused admitted cursing and claimed the garda punched him three times in the back before arresting him.
He testified that he had been complying with the caution to leave and was walking away irate at being “singled out” from other people at the scene.
Fitzsimons agreed with his solicitor that he thought the sergeant was interfering with his right to protest. He admitted he told the sergeant to “f**k off” five times but denied being threatening.
However, when cross-examined, he apologised for cursing.
It was put to him that he could have used wire snips to cut cables, but he said that he had kept the knife in his bag and “I would not take it out against anyone.”
The sergeant rejected the claim that he punched the accused and said he had escorted him onto the footpath.
He also pointed out Mr Fitzsimons did not mention being punched in his “commentary” in the video evidence recorded on his phone.
Accused of being threatening by telling the sergeant to “take off your uniform”, the accused agreed he made that remark but said it was after the officer had told him that he could handle himself.
Following his arrest, he was taken to Mountjoy Garda station, where the knife was found.
