Suspended sentence for man who called another man a 'faggot' in Offaly

A Tullamore man says he will appeal a three-month suspended sentence imposed on him for calling another man a “faggot” and a “hangman.”

Judge Catherine Staines convicted 30-year-old Robert Nutt, 20 Chancery Close, of breaching the peace by using threatening, abusive and insulting words on May 2 last year at Cloncollig, Tullamore.

Mr Nutt denied committing the offence and represented himself at a hearing before Judge Staines last week.

Joseph Feery gave evidence that he was coming home from town and as he came onto his street up to his house the accused, who he said was 'Bobby' Nutt, was sitting in his car with his girlfriend.

Mr Feery said the defendant turned around and said “Hello faggot”, to which the other man replied, “Is that right?”

Mr Feery said the accused then called him “a hangman” and the complainant added that he then rang the guards and gave them the licence plate of Mr Nutt's car.

He said Mr Nutt was talking to his girlfriend's sister and she told the accused that Mr Feery was ringing the guards and then the defendant drove off.

Cross-examined by Mr Nutt, Mr Feery said he was coming from town when the incident occurred and it happened outside the accused girlfriend's house, Kathleen Kilroe, which is three doors down from his own house.

Mr Feery said Mr Nutt was sitting in a green car and he had heard everything he said because he was beside the car.

Asked by Mr Nutt how far away from the car he was, Mr Feery said he “didn't have a measuring tape” but detailed that engine wasn't on and the car was parked.

He said he didn't know what colour top Mr Nutt was wearing.  As Mr Nutt continued questioning him, Mr Feery asked why he would make up the allegation and said he was afraid of the accused at the time.

He denied having anything against Mr Nutt and told the court the accused had insulted him.

Mr Nutt then asked the court where Mr Feery's statement was and Judge Staines told him he had previously been furnished with a copy of it.

The court also heard there was CCTV of the incident but there was no audio on it.

Garda Adrian Hughes told the court he was on duty on the afternoon of May 2 when he got a report that a male was shouting and being disorderly outside 50 Cloncollig.

On arrival there, he met Joe Feery, 50 Cloncollig, who alleged he was verbally abused by Robert Nutt while walking past him on his way to his house.

Joe Feery said he knew Mr Nutt personally and used to be a neighbour of his. The accused was in a green car with the window down.

Garda Hughes further said the complainant had CCTV which could place Mr Nutt at the scene.

Mr Nutt was gone when Garda Hughes arrived and Joe Feery made a statement of complaint to the garda but Mr Nutt declined an offer to make a statement of complaint.

Garda Hughes added that he never had any dealing with Mr Nutt before.

Cross-examined by Mr Nutt, Garda Hughes said Mr Feery looked to be upset after the incident.

When Mr Nutt asked him if he believed everything Mr Feery said to be true, Garda Hughes said he could not make that decision but it was his job to bring the evidence to the court.

Asked by Judge Staines if he wished to give evidence, Mr Nutt declined and the judge said she accepted the evidence of the prosecution.

She said it was her view that Mr Nutt had made certain disparaging remarks and they were insulting and breached the peace.

Sergeant James O'Sullivan told the court the accused had 30 previous convictions for public order offences and in 2018 had received a 10-month sentence.

Asked if he had anything to say in mitigation, Mr Nutt said he had neither been in trouble nor had a conviction in a long time.

Judge Staines said her aim was to ensure that kind of behaviour did not happen again and she said Mr Feery shouldn't be insulted.

She imposed a three-month sentence, suspended on condition that there be no contact by the accused by any means with Mr Feery or his family.

Asked if he would sign a bond for the suspended sentence or lodge an appeal, Mr Nutt indicated he would appeal.

Judge Staines told Mr Feery that in the event of an appeal he would have to go before the Circuit Court to give his evidence again.