Judge wants psych report on ex-FF councillor

A psychiatric report is to be prepared on a former Fianna Fáil councillor before he is sentenced for being drunk and a danger; being threatening abusive or insulting; and carrying a knife.

Gary O’Flynn of Hayfield Drive, Castle Court, Whitechurch, Co Cork, had denied all three charges but was convicted after a trial last month. Judge Olann Kelleher had adjourned sentencing until yesterday.

But as soon as the case was called and O’Flynn’s barrister, Ray Boland, rose to address the court, Judge Kelleher had this to say: “Before you address me, I am concerned about one thing — I have gone over all my notes of the trial and I am not satisfied to go ahead without some psychiatric report. I am genuinely concerned about the manner in which he gave evidence and the manner in which he answered questions.”

Judge Kelleher said: “It was a very unusual way to give evidence with so much at stake for him. I think it would be unfair to him [to impose penalty] without some kind of report.”

Mr Boland BL asked for a moment to consult his client to see if he would consent to that. The judge said he would order the preparation of the report. After a few minutes Mr Boland returned to say that Gary O’Flynn was currently seeing Dr Eugene Morgan, psychiatrist, and that the report could be prepared by him.

Judge Kelleher then directed the preparation of a psychiatric report on the defendant from Dr Morgan and adjourned the case until Mar 6.

The incident that gave rise to the case occurred at Gorby’s nightclub on Feb 26, 2011. O’Flynn, 37, was approached by the owner, Niall Kearney, after a woman alleged that the defendant had thrown drink over her — an allegation denied by O’Flynn and never pursued by the woman who initially complained.

Mr Kearney testified: “He basically told me to fuck myself. He said — ‘Get out of my face, I am not going anywhere for you’. He said ‘I am a practicing solicitor, try and make me leave’.”

Sergeant Shane Ellis and Garda Kieran O’Donovan responded to a call to come to Gorby’s where they found the defendant refusing to leave. Garda O’Donovan, now retired, said in all his years in the force the defendant was the most arrogant man he had ever met.

During the trial last month, Inspector Bill Duane asked O’Flynn if he told Mr Kearney to “go fuck himself”. He replied “Why would I say ‘fuck himself’? I would have said, ‘Go fuck yourself’.”

He said he did not recall being handcuffed on the night. Judge Kelleher was surprised he did not remember something so unusual and asked if he had ever been handcuffed before. O’Flynn replied: “No judge, have you ever been handcuffed?” Judge Kelleher replied: “No, but I would remember it if I was.”

Insp Duane referred to the defendant’s attitude to Mr Kearney on the night and said: “I put it to you he was met with hostility.” O’Flynn replied: “Put it any way you want, he was not.”

Gary O’Flynn is a former councillor for Fianna Fáil on Cork City Council.

“I was a solicitor, I am now a portfolio manager,” he said during his trial.