The district court judge who witnessed a man exposing himself in front of him in court is not to be called to give evidence in the case.
At a sitting of Ennis District Court last October, Brian Joyce, 21, “mooned” at and then exposed his genitals to a shocked Judge Patrick Durcan.
In the incident, Mr Joyce shouted ‘Up the Joyces! Up the Clare Joyces!’ as he slapped his bare backside.
Mr Joyce’s action sparked a melee in court during which his younger brother, John Joyce, 19, assaulted a garda, resulting in Judge Durcan retreating to his chambers before order was restored in the court.
Three days after the court incident, Brian Joyce was viciously assaulted while in prison and was left with a fractured skull and deaf in one ear.
Arising from the court incident, Brian Joyce of St Enda’s Beechpark, Ennis, was subsequently charged with engaging in threatening behaviour or insulting words with the intent to cause a breach of the peace contrary to Section 6 of the Public Order Act at Ennis courtroom on October 23 last.
John Joyce, of the same address, was charged with assaulting Garda Robert Grant in the courtroom and with a breach of the peace contrary to Section 6 of the Public Order Act.
At Ennis District Court yesterday, solicitor for the two, Tara Godfrey, said that two men are pleading guilty to the charges from the court incident.
Ms Godfrey told Judge Durcan that it may be appropriate for another judge to hear the case as he was in court during the incident.
Judge Durcan said: “I agree with you Ms Godfrey — it wouldn’t be appropriate for me to hear the case.”
Addressing Insp Tom Kennedy, Judge Durcan said: “I presume Inspector, you won’t be calling me as a witness?
In reply, Insp Kennedy said: ‘No, judge.”
Judge Durcan adjourned the case for the finalisation of a psychiatric report on Brian Joyce and remanded the two Joyces in custody with consent to bail to February 3 to Ennis District Court.
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