reckless Man who 'only tried' to smash window at garda station given suspended sentence

A MAN who tried to smash a garda station window with a bicycle lock told gardaí he "only tried" to break it and he knew the law.

Declan Tobin (57) argued that he had not actually broken the window when a garda came out and confronted him.

Giving him a three-month suspended sentence, Judge Alan Mitchell told Tobin he needed to improve his attitude or he would be going to prison.

Tobin, with an address at a Dublin hostel, pleaded guilty to being reckless as to whether criminal damage would be caused in the incident at Pearse Street garda station, as well as threatening, abusive and insulting behaviour.

A garda told Dublin District Court he was in the office working on files last April 5 when he heard a loud bang.

He looked outside and saw the accused holding a bike lock, which he used to hit the window.

The garda ran outside and, when he confronted the accused, Tobin said: "I only tried to break the window."

Tobin cursed a number of times at gardaí and members of the public as he was being taken into the station.

When charged, he replied: "I only tried to break a window, I didn't actually break it. I know the law."

The garda told the court: "Whether or not he was trying to break in or break the window, I can't say."

Garda Sergeant Gail Smith said separately that last September 5, gardaí were called to Merrion Street, where Tobin was highly intoxicated, being verbally abusive and using "choice language".

The judge said Tobin seemed to have an attitude to gardaí.

"He doesn't seem to like us," Sgt Smith said.

Tobin's solicitor, Ruth Walsh, said alcohol addiction had been an issue all the accused's life and he was sleeping on park benches at the time.

Judge Mitchell said: "They say 'in vino veritas', in wine there's truth.

"He would want to improve his attitude to the gardaí or he will be going into prison."

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