Tipperary defendant who had to be pepper sprayed told female garda to 'F*** off woman'
A man who told a female garda to f*** off woman’, was convicted by Nenagh District Court of threatening, abusive or insulting behaviour.
Igoris Timoscenko of Mounseys Flats, Dromin Road, Nenagh, pleaded not guilty to the offence at Abbey Street, Nenagh, on March 8, 2022.
Garda Sandra Gartlan told the court that at around 7.20pm on the day in question she was on patrol with Garda Aidan Foley when she observed two males drinking at Abbey Street.
She asked them to leave the area. One man did, but Mr Timoscenko became aggressive.
“He told me: ‘F*** off woman’,” said Garda Gartlan, who said she could smell alcohol from Mr Timoscenko, and he was unsteady on his feet and his speech was slurred.
She said the defendant put his hand into a closed fist and gestured towards Garda Foley.
“I explained Section 6 of the Public Order Act to him and he said: ‘F*** off pigs. F*** off woman’,” she said.
Garda Gartlan said she explained the relevant section to him in “ordinary language” as she knew his English was not great.
“He came up into our face and looked like shaping up. I deployed pepper spray and when it took effect he was arrested,” she said.
Mr Timoscenko was only formally charged on March 9 and refused to sign for bail.
He stayed in his cell until 10.15am when he eventually signed bail and was released.
Under cross-examination by solicitor Johnny Spencer, for Mr Timoscenko, Garda Gartlan said each man had a plastic bag with cans of cider.
“I clearly observed the accused drinking from a can,” she said.
Garda Gartlan said she gave Mr Timoscenko “plenty of time” to leave the scene as she had not arrested him until 7.30pm.
Mr Timoscencko, in his direct evidence to the court, denied that he had been drinking that day and maintained he had only wanted to wait to finish his cigarette.
He denied being abusive to Garda Gartlan or using the words complained of.
However, Judge Elizabeth MacGrath noted that pepper spray had been deployed and found Mr Timoscenko guilty.
She ordered a probation report on Mr Timoscenko for September 16.
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