No criminal conviction for man who said he had stun gun for his own protection 'after racist abuse'

The stun gun was found in a bag handed over by Divyesh Patel to a security guard. The accused had told him the weapon was inside the bag.

A 25-year-old Indian man has been spared jail after he was caught with a stun gun at a UK visa and immigration advice centre in Dublin.

Divyesh Patel, with an address at Woodlands Road, Cabinteely, Dublin pleaded guilty to an offensive weapons charge.

Dublin District Court heard he had weapon for his own protection after suffering racist abuse and intimidation in Dublin.

Gardaí were called when kitchen porter Patel went to the offices of a UK visa and immigration advice centre at Northwood, Dublin 9 on July 9 last year.

The stun gun was found in a bag handed over by Patel to a security guard. The accused had told him the weapon was inside the bag.

Pleading for leniency, defence solicitor Tony Collier said his client has been in Ireland for two and a half years and was allowed to work. He had been on a student visa previously.

He said his client had made a foolish mistake.

Mr Collier told the court that when Patel lived at a different address in the city, he was subject to a number of intimidating incidents by youths.

The solicitor said his client “suffered racial verbal attacks and felt in danger of attack” and he was very fearful living in Dublin because of those incidents.

However, since moving to his current address there have not been any further incidents.

Mr Collier asked the court to note Patel had not been threatening; he told the security officer about the weapon and he made admissions when interviewed by gardai.

The defence solicitor said Patel had good prospects for the future and he had handled it in a good way though his conduct was unlawful.

His client was seeking a UK visa and at some point he will have an appointment with immigration services here over his Irish visa.

A conviction could affect that, the solicitor said pleading with the court.

A probation report on Patel, described by Mr Collier as “gilt-edged” was furnished to the court which heard the defendant was found to be at a low risk of re-offending.

Judge Colin Daly noted the accused had agreed to donate €300 to a community action programme in Ballymun. He struck out the case sparing the defendant a sentence and a criminal conviction.