A former Fianna Fáil councillor has received a six-month suspended sentence and a fine of €800 after he was convicted of public order offences and being in possession of a knife.
Gary O’Flynn (37) of Hayfield Drive, Castle Court, Whitechurch, Co Cork, denied the three public order offences but was convicted last December on the charges which related to incidents in a Cork nightclub two years ago.
O’Flynn had been socialising with friends on the night of February 25-26th, 2011, at Gorby’s Nightclub, Oliver Plunkett St, Cork. Club owner Niall Kearney received a complaint about the behaviour of O’Flynn and a woman alleged he had poured a drink over her. Mr Kearney said that when he approached O’Flynn he became aggressive and told him to “go f**k himself”. Cork District Court also heard O’Flynn refused to move to a quieter part of the club and after demanding a refund for his drink, drank it in front of the club owner and laughed.
Garda called
Gardaí responded to a call to go to Gorby’s where they found the defendant refusing to leave. O’Flynn denied charges of being drunk and a danger, being threatening, abusive or insulting, and carrying a knife.
At Cork District Court yesterday, barrister Ray Boland, representing O’Flynn, said his client was a man without previous convictions and of previous good character. He said the case had received a degree of publicity given O’Flynn’s status as a former public representative and that in the normal course of events it wouldn’t merit any column inches.
Mr Boland said the publicity had affected the O’Flynn family and the accused and he asked the judge to take this into consideration when sentencing. Mr Boland told the court that the case has had a detrimental effect on O’Flynn’s business and he is now in “straitened circumstances”.
Medical report
A medical report was furnished to the court. The case had previously been adjourned for sentencing to faciliate a psychiatric assessment of O’Flynn. The details of the report were not read out in court.
Judge Kelleher fined O’Flynn €800 and handed out a six-month suspended sentence to the former councillor.
Judge Kelleher said it was his general view that anyone caught in possession of a knife without lawful purpose should go to prison.
“Everyone knows the difficulties caused in relation to knives. I take the view that if anyone is caught with a knife with unlawful purpose they should go to prison.”
However, he accepted that O’Flynn was a man of previous good character. He also took his expressions of remorse and lack of convictions into consideration when sentencing.
Gary O’Flynn was a Fianna Fáil councillor in Cork from 2004 to 2008 when he resigned citing work commitments.
He is the son of retired Fianna Fáil TD Noel O’Flynn who represented Cork North Central. His brother, Ken, is a sitting city councillor in Cork.