Dad of two barred from all city pubs fights order
A MAN is challenging a District Court judge's order which he claims bars him from every licensed premises in Dublin for the next six months.
The High Court action has been brought by John Collins (23), who last month was before Judge Alan Mitchell in Blanchardstown District Court over a public order matter.
The judge was told Mr Collins verbally abused gardai when they tried to break up a fight he was having with another man.
The father of two pleaded guilty before Judge Mitchell to being intoxicated and using threatening and abusive behaviour on March 8, at Cardiffsbridge, Finglas West.
Judge Mitchell fined him €200 for using threatening and abusive behaviour and another €100 for being intoxicated.
The judge then placed an exclusion order on him under Section 3 of the Criminal Justice (Public Order) Act 2003, banning him for six months from entering any liquor-licensed premises within the Dublin Metropolitan area.
Judge Mitchell was asked to reverse the order, as it was Collins' first conviction, but this was refused.
In his High Court action against Judge Mitchell, the DPP, Ireland and the Attorney General, Mr Collins seeks to quash the exclusion order, which he says lacks certainty and breaches his constitutional rights.
His counsel said the order was "vague in the extreme" and unworkable.
It does not specify any particular premises that he is barred from, but rather specifies an indeterminate number of premises in a particular area.
It means he cannot enter most supermarkets, restaurants or local grocery stores which sell alcohol, counsel said.
Mr Justice Seamus Noonan granted permission to counsel for Mr Collins - of Avilla Park, Finglas, Dublin - to bring proceedings and also placed a stay on the exclusion order pending the hearing of the case.
It comes back before the court in July.