Man’s brother filmed his arrest on mobile phone

A YOUNG Carlow man who was stopped and found with no insurance was issued a fine at Carlow District Court. Thomas Berry, 124 Dolmen Gardens, Carlow was charged with using threatening, abusive or insulting words or behaviour contrary to section 6 of the Public Order Act and failing to comply with a direction from a member of An Garda Síochána under section 8.

The court heard that 21-year-old Mr Berry was arrested on 2 April 2024 at St Patrick’s Avenue, Carlow. Video footage filmed by the defendant’s brother, who lived nearby, was shown to the court. The recording captured bystanders appearing to object to the arrest, with one woman approaching the garda, saying: “That chap did nothing wrong.” 

Garda O’Loughlin gave evidence that the footage only contained “a portion of the incident” with “more interaction having taken place before (the video) started”.

Mr Berry testified that his vehicle was stopped and he didn’t have tax, explaining that he hadn’t yet received the logbook after recently buying the car. He told the court the garda addressed him by his first name and “must have known him”. When asked if he was “annoyed” by the incident, Mr Berry replied: “I wasn’t as annoyed as he (the garda) was.” 

Defending solicitor Chris Hogan said his client suffers from ADHD and presented a psychiatrist’s report to the court. Mr Hogan added that Mr Berry had been working in construction abroad and was eager to return to resume his job.

Judge Geraldine Carthy, taking the footage and evidence into account, and noting the defendant had no previous convictions, found Mr Berry guilty of the section 8 offence. She imposed a fine of €350, with 90 days to pay.