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Concert-goer 'out of his tree' gouged garda

A CONCERT-GOER gouged a garda's eye as he was arrested for aggressive behaviour, then claimed he was a constitutional lawyer, a court has heard.

Colin Lyons (40) had been directed off a road as he left the Leonard Cohen gig in Kilmainham when he became abusive and violent towards officers, who had to pepper-spray him three times.

Lyons, a musician and out-of-work electrician, ended up with facial injuries, but a judge said the accused had been "out of his tree" and the "author of everything that happened to him".

The defendant was found guilty of public drunkenness, breach of the peace and garda obstruction in the incident at Irwin Street, Kilmainham on September 11.

Lyons, with an address at Rusheeny Manor, Rusheen Village, Hartstown, had denied the charges, alleging that he was assaulted by the gardai.

Judge Patrick Clyne adjourned the case against him for a probation report.

Garda James Kelly told Dublin District Court he saw the accused and his friend walking down a road.

When directed on to the footpath, Lyons became hostile and said: "I'm fine, don't tell me what to do."



struggle

He refused again and when warned he would be arrested, he pushed the garda and shouted: "Arrest me, arrest me." He attempted to swing a punch, and a struggle ensued. Another garda assisted and all three fell.

"During the struggle, Lyons gouged me in my left eye," the garda said.

The other garda pepper-sprayed Lyons three times.

Garda Kelly denied assaulting the accused. Garda Mark Smith said Lyons claimed he was a constitutional lawyer and "we were all going to end up in the Supreme Court".

Lyons claimed Garda Kelly grabbed him from behind and shouted: "Get off the road." He alleged Garda Kelly grabbed him in a headlock. Lyons asked his friend, Aideen Murphy, to begin filming on her iPhone.

He alleged he was 'maced' while in handcuffs and that Garda Kelly pulled his hoodie over his head and punched him seven times.

Ms Murphy said when Lyons asked her to video what was happening, a female garda put her hand over the phone.

"He was fairly out of his tree," Judge Clyne said. "I am happy that he was the author of everything that happened to him."

aphelan@herald.ie