A STONEMASON was not in his “full senses” when he used a consaw to try and damage a wall outside a pub, a court has heard.
At Killaloe district court, Brendan Ryan (37), with an address at Cooleen, Birdhill, Co Tipperary, pleaded guilty to the production of an offensive weapon during the commission of an offence and a further charge of being intoxicated to such an extent so as to be a danger to himself or others.
The charges arise from an incident at O Riains public house in Ballina, Co Tipperary on November 1, 2021.
Sergeant Aiden Lonergan said in light of the guilty pleas, the State would be offering no evidence on the two remaining charges of criminal damage and breach of the peace.
Outlining the facts of the case, Sergeant Lonergan told the court that gardaí responded to a report of a man damaging a wall outside the premises in question.
Gardaí spoke to staff who informed them that the man dressed in building work attire, sat across the road, had taken a consaw to the wall.
Sergeant Lonergan said Mr Ryan was unsteady on his feet and when gardaí searched his car, they found a consaw in the boot.
One of the gardaí who attended the incident told the court that Mr Ryan may have had a minor issue with the man who was running the pub at the time.
He said there have been no further incidents and Mr Ryan has not come to garda attention since the incident in November 2021.
Sergeant Lonergan said Brendan Ryan has no previous convictions.
Defence solicitor Stiofán Fitzpatrick told the court that on the day in question, his client had drank excessively and was in the “throes of addiction”.
“He was not in his full senses,” Mr Fitzpatrick added.
He continued, “It was more bravado than intent. There was no damage done…. This man has never come before the court before. He has never been in trouble”.
Mr Fitzpatrick said no further issues had arisen since the incident and his client is now clean and sober.
The court heard that in the days after the incident, Mr Ryan voluntarily attended Ennis garda station and made full admissions.
Mr Fitzpatrick said his client is fully apologetic and accepts what he did on the night was wrong.
Judge Mary Larkin adjourned the case to February 7, 2023 and ordered a garda progress report.