Barrister argues Limerick man’s ‘constitutional right’ to swear at garda

A BARRISTER said that his client – who was in court for swearing at a garda – has a “constitutional right to express himself however he may choose”.

Kieran Barry, 52, with an address at Galvone Road, Limerick, was charged with a Section 6 Public Order offence for calling Garda Moloney a “f**cking dope” during an exchange outside Henry Street garda station on September 1, 2025.

Inspector, Liam Wallace, told Judge Catherine Ryan that Mr Barry’s partner had parked a car outside the garda station in an official garda parking spot.

In a contested hearing, defendant Garda Moloney gave evidence that Mr Barry engaged in “threatening behaviour” towards him.

Garda Moloney said he asked Mr Barry for his name. The garda said the man replied: “I don’t answer to f**king guards”, and proceeded to call him “a f**king dope”.

Garda Moloney then proceeded to caution the man, and charged him at Henry Street garda station.

Mr Barry has 42 previous convictions, including six for the possession of drugs, a sale and supply of drugs conviction, a criminal damage conviction, and a conviction for assault.

Barrister Joseph McMahon, representing Mr Barry, said that he was looking for a strikeout for his client.

“It’s not criminal conduct”, the barrister claimed. Mr McMahon said that while the man’s language “may have been noxious”, “the gentleman has a constitutional right to express himself however he may choose”.

Inspector Wallace disagreed with Mr McMahon’s assessment, and said that Mr Barry’s behaviour was a clear breach of the Public Order Act.

Judge Ryan read the legal definition of Section 6 of the Public Order Act, and found the man to be guilty of the offence.

The judge said: “Mr Barry clearly hates authority, and perhaps the authority of this court”, and proceeded to sentence the man to one month’s imprisonment, which was suspended for 12 months.

-Funded by the Court Reporting Scheme

ADVERTISEMENT – CONTINUE READING BELOW

Barrister argues Limerick man’s ‘constitutional right’ to swear at garda

Tags: