Man fined after Cowen's oath fails as precedent

BRIAN COWEN'S use of the "F" word in a private exchange with Tánaiste Mary Coughlan in the Dáil was cited yesterday to support…

BRIAN COWEN'S use of the "F" word in a private exchange with Tánaiste Mary Coughlan in the Dáil was cited yesterday to support a defence claim that a public order charge should be thrown out of court.

Ballyshannon District Court heard that when gardaí were called to a 4.30am street disturbance in the town a man came from his house, stopped six feet from an officer and twice shouted "f*** off" before walking away.

Jason McCormack, St Benildus Avenue, Ballyshannon, told the court he was addressing the crowd of 10 or 12 people in general.

He denied using threatening or insulting words or behaviour likely to cause a breach of the peace last January 20th.

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His solicitor Paudge Dorrian said: "This is the best parliamentary language we know. It was used in an exchange between the Taoiseach and the Tánaiste."

Mr Dorrian submitted that McCormack behaved quite normally for a person who was disturbed at 4.30am by a commotion in the street. "He runs from his house and tells everybody to f*** off and then sees the garda and turns and walks back into his house," the solicitor said. "He is entitled to the same consideration given to other people for the parliamentary language."

The judge disagreed, however, and convicted McCormack, and fined him €600.