A man accused of urinating outside Ballyshannon Court had a case dismissed yesterday - because it didn’t happen in Dublin.
A garda who detected the offence last December 6th summoned Roy Morrow (28) under a 143-year-old law specifically aimed at Dublin offences.
Defence solicitor Rory O’Brien noted at Ballyshannon District Court that section 5 of the 1871 law referred to any act contrary to public decency “within the limits of the police district of Dublin Metropolis”.
Judge Kevin Kilrane immediately struck out the charge against Mr Morrow, of Donegal town.
He didn’t even have to consider applying a penalty which could have been a maximum fine of five pounds, or two months in jail.
Later outside the court, prosecuting inspector Denis Joyce said there was no specific offence for urinating outside Dublin.
He said prosecutions for such offences elsewhere in Ireland were usually brought under the Public Order Act.
He attributed the choice of summons yesterday to the inexperience of a young garda.