Former Grand National-winning jockey Paul Carberry was jailed for two months yesterday for setting fire to a newspaper on an aircraft travelling from Spain to Ireland.
Carberry (32), Tara, Co Meath, had pleaded not guilty to a charge of engaging in threatening, abusive or insulting behaviour likely to lead to a breach of the peace on the Aer Lingus flight on October 1st last year. He was granted bail after paying €1,000 and was allowed to walk free from court, pending an appeal.
But at Swords District Court, Judge Patrick Brady described Carberry's evidence as contrived.
He said he had to consider the seriousness of the risk to passengers on an aircraft travelling at 12,000ft and the distress it had caused them. He sentenced Carberry to two months and fined him €500.
Carberry was Irish champion jockey in 2002, when he became the first man since Charlie Swan in 1996/97 to ride a century of winners. He jumped into a waiting car outside the court without making any comment.
Judge Brady, who heard evidence from 14 witnesses on Monday, said the State's case was clear.
He noted that Carberry's evidence to the court included three important variations on the original statement he had provided to gardaí in Dublin airport last October, as well as "one contradiction of a point therein".
"I conclude that his evidence was contrived," he said.
The judge said that while Carberry had claimed that setting the newspaper on fire was a "freak accident", the usual definition of this term was an "unusual and unexpected event".
"On the evidence, I reject this," he said. The evidence clearly pointed towards recklessness by Carberry, who had accepted in cross-examination that he was reckless.
Judge Brady said the jockey's defence team could not say there was no danger or substantial risk from his actions when he set The The Irish Times of his friend Paul Condon on fire.
"Would the defendant, an experienced jockey, have acted similarly in a stable or a transporter, containing straw and hay? I would suggest emphatically not."
The jockey maintained it happened accidentally while he was fiddling with a cigarette lighter. Some passengers started crying but the fire was extinguished in a few seconds.
Carl Hanahoe, representing Carberry, said the jockey had no previous convictions and had expressed remorse for the distress he caused. He said Carberry was involved in charity work. "This is not something he publicised but clearly the court should have regard to it."
Carberry was supported in court by his father Tommy, who won the Aintree Grand National riding L'Escargot in 1975.