A Dublin Bus driver, the first person to be convicted under the Prohibition of Incitement to Hatred Act, was fined £450 for this offence yesterday and £450 for assault during the same incident. He was also placed under a probation order for a year.
During this time Gerry O'Grady will have to liaise with the probation service, follow its advice and take counselling to help him control his anger. The court was told he had previously been jailed for assault.
The sentencing of O'Grady had been adjourned from Thursday of last week, when he was convicted in the Dublin Metropolitan District Court of assault and of conduct prohibited under the incitement-to-hatred legislation.
Evidence was given during the case that the incident arose when he attempted to prevent a Gambian man, Mr Matthew John, from getting on his bus in Maynooth on the basis that Mr John was carrying food, and eating was not allowed on the bus.
Witnesses said he had referred to "nig-nogs" and told Mr John to go back to his own country. He was convicted of assault for threatening a female passenger with a cash dispenser when she tried to remonstrate with him.
When the case came before Judge Patrick Brady at Dublin District Court yesterday, Garda David Byrne said O'Grady had one previous conviction for assault causing harm, which had resulted in two weeks' imprisonment.
Mr O'Grady's barrister, Mr Sean Gillane, told the court his client was married with three grown-up children, all living at home. An elderly mother of 90 also lived with him.
His adult life had been characterised by hard work and contributing to the community. Mr Gillane produced testimonials from his client's parish priest and the Swords Old Folks Entertainment Committee. He said the conviction, the stigma arising from it and the media attention on him and his family were already a punishment.
Judge Brady imposed a fine of £450 on the assault charge and £450 on one of two incitement charges. He said that in the light of his counsel's eloquent pleading and the testimonials, "it would be very helpful if I imposed a probation order" on the second incitement summons.
O'Grady should receive counselling to help him control his anger in his own interests and those of any other parties he served.