A judge has requested gardaí to address court security issues at Gort courthouse ahead of the case where a local farmer is accused of throwing a bag of cow dung in the direction of Minister for State, Anne Rabbitte.
At Gort District Court today (Thursday, May 9) Judge Alec Gabbett made the request to gardai after Sgt. Claire Heneghan made an application to vacate the scheduled contested hearing date into the case for later this month to later in the year.
The state was seeking to adjourn the case due to the expected length of the case as it would require a special sitting of Gort District Court.
Cow dung
In the case, Joseph Baldwin (39) of Ballyaneen, Gort faces prosecution where he is charged with assaulting Anne Rabbitte on January 4, 2023 at a public meeting at O’Sullivans Royal Hotel, Gort.
The assault charge against Baldwin is contrary to Section 2 of the Non-Fatal Offences Against the Person Act.
In court today, Judge Gabbett told Sgt. Heneghan that he wants gardaí “to address the security issues” at Gort courthouse which houses sittings of the local court.
He said that he was conscious that the case has become before the court arising by way of protest “and this courtroom by nature of the entry and exit is not perfect by any means and I am not interested in a situation where we can’t control the room”.
Judge Gabbett said there is only one exit, commenting “no one can get out is the problem. All is fine and dandy until it happens”.
The judge added that it was his preference that the case be held in Ennis rather than Gort.
However, Sgt. Heneghan and solicitor, Colman Sherry acting as agent for Baldwin’s solicitor, John Nash in the case, said that it was their preference that the case go ahead in Gort.
Judge Gabbett said that the case could be adjourned for mention to May 23 with a view to fixing a date for possibly September 13 next.
Charges
Through his solicitor, Baldwin has previously confirmed to court that he is to contest the charge.
Galway East TD and Minister of State at the Department of Health and at the Department of Children, Equality, Disability, Integration and Youth, Anne Rabbitte will be required to provide her sworn eyewitness account from the witness box of what occurred on the night of the alleged cow dung incident, as part of the state case against Baldwin.
His defence solicitor will be able to cross examine Minister Rabbitte on her evidence on behalf of his client.
Minister Rabbitt was attending the meeting to hear locals’ concerns over a planned biogas plant for Gort.
Galway East Fine Gael colleague, Deputy Ciarán Cannon was also in attendance at the same meeting, which was called to discuss taking a judicial review against the planning decision permitting the biogas plant and €20,000 was pledged to the fight by those present.
Baldwin is also contesting a second charge where he is accused of using or engaging in threatening, abusive or insulting word or behaviour with intent to provoke a breach of the peace of being reckless as to whether a breach of the peace might have been occasioned.
The charge is contrary to Section 6 of the Criminal Justice (Public Order) Act.
CCTV evidence is to also form part of the state’s case. Those who are convicted of Section 2 assault charges in the district court face penalties of a prison term up to six months or a fine not exceeding €1,905.