A FERMOY man, who reacted angrily to being stopped and searched by gardai after he left a nightclub, has been convicted on a charge of resisting arrest and jailed for 14-days.

Eoin Roche, 2 Cluain Ard, Duntaheen Road, Fermoy, was also convicted on charges of being intoxicated, using threatening and abusive behaviour and not giving his address to gardai at McCurtain Street, Fermoy, on July 19, 2009.

Fermoy District Court was told that Roche was stopped by gardai on patrol at 3.15am on the morning in question.

Garda John Coffey told the court that Roche was acting in a suspicious manner as he was walking along McCurtain Street giving reason for him and a colleague to search Roche under the provisions of the Misuse of Drugs Act.

Although he consented to the search, garda Coffey said that Roche became angry and started shouting that he was always being stopped and searched by gardaí.

No illegal substances were found during the search, however Roche subsequently refused to provide his address to gardai when asked.

Garda Coffey told the court that Roche then became more aggressive and shouted into his face, " you don't know who you are dealing with. I Know people who will sort you out."

"I noticed a smell of alcohol from him and he was unsteady on his feet," said Garda Coffey.

He went on to say that a violent struggle broke out after he attempted to arrest Roche, and that two more gardai had to intervene in order to get Roche into a patrol car. He said that once in the back of the car Roche again lashed out kicking garda Coffey who was sat in the front seat.

Roche's solicitor Jerry Healy admitted that his client had overacted to the situation and should have made a formal complaint if he felt he was being unfairly targeted by gardai.

However, he argued that the gardai did not have reasonable grounds to search his client as his client was merely walking home from the nightclub when he was stopped. Judge Michael Pattwell said he felt uncomfortable with gardaí stopping and searching people on the side of the street.

"An innocent person could be searched and yet 20 people will see it. Can you imagine the damage this could cause to a person's reputation? I don't like it, there is such a thing as an individual's dignity," he said.

However, the judge said by admitting that he had overreacted to the situation, Roche had effectively convicted himself.

Inspector Tony O'Sullivan told the court that Roche had 15 previous convictions for offences including drug possession, public order and drunken driving.

Mr Healy admitted that his client had "quite serious" convictions, however he felt that in this instance a community service order in lieu of a jail term would be more appropriate.

"He is now living with his mother and is a skilled plasterer who has always worked when he has had the opportunity. I believe that given his skills a it would be of more benefit to him than a prison sentence," he said.

However Judge Pattwell jailed Roche for 14-days on the resisting arrest charge, taking the other three offences into account.

He rejected a plea by Mr Healy's to suspend the sentence.

"He has been in the District Court and the Circuit Court many times and has still not learned," he added.

- BILL BROWNE