Irish police: drunk man 'waved' penis at us not finger
Published 24/10/2008 | 13:16
A drunken young man who pulled down his trousers and "waved" his genitals at gardai has strenuously denied he exposed himself in public.
Robert Kennedy (21) said he was "messing, drunk" and that he unzipped his trousers and wiggled his finger out through his fly at his friends and gardai in Churchtown.
He denied exposing his genitals to gardai, saying that from a distance a penis and a finger can look quite similar.
Kennedy pleaded not guilty at Dun Laoghaire District Court to public drunkenness at Beaumont Avenue, Churchtown. He also denied a charge of public indecency by wilfully exposing his genitals to gardai.
Garda Dermot Moore said he was on mobile patrol on June 16 when he received a call to go to a public order incident on Beaumont Avenue. The garda said a group of youths had gathered and they were directed to leave.
Garda Moore said Kennedy, who was part of the group, started to leave the area but he then turned around in the middle of the road, about 20 feet away from gardai, and unzipped his trousers. The court heard that Kennedy "exposed his genitals and waved them" at gardai.
Garda Davide Laird said Kennedy, of Sweetmount Avenue, Dundrum, was very drunk and was walking backwards away from gardai when the incident occurred. Kennedy pulled his trousers down just enough to expose himself.
Kennedy said he made a gesture with his hand through the fly on his trousers. The defendant said he "wiggled his finger" at his friends.
The defence lawyer asked gardai if they were sure Kennedy exposed himself in public, saying a penis and a finger look similar from a distance. Both gardai said they definitely saw Kennedy's penis and not his finger.
Judge Hugh O'Donnell found Kennedy guilty of breaching the peace, saying he was satisfied the defendant did expose himself. The judge called his behaviour "disgraceful".
The court heard that Kennedy, who is training to be an electrician, had 11 previous convictions, all for road traffic matters.
Judge O'Donnell fined Kennedy €125.