Richard Hurley, aged 68, who has no previous convictions, could have avoided any conviction at Cork District Court yesterday after being earlier given a chance to make a donation to a charitable cause.
The case had been adjourned on the understanding the charge, using threatening, abusive or insulting language, would be dismissed under the Probation of Offenders Act if he brought €350 to court for Marymount hospice.
Insp Bill Duane said Hurley did not take up the offer.
Judge Leo Malone convicted Hurley, of 95 Barrack St, Cork, and imposed a €600 fine.
Insp Duane had, at an earlier court sitting, said gardaí responded to a call to the area on Jan 4, 2012. A man told gardaí he was waiting for an estate agent to come to show him a property at 96 Barrack St.
As he was waiting, Hurley came out of No 95.
Insp Duane said Hurley stuck his finger up to the man and said “go back to your own fucking country you fucking black ‘n’”.
“Mr Hurley told gardaí he [the foreign national] was peeping in his doorway and said, ‘I will not have peeping Toms in my doorway’.
“He continued to shout: ‘the Irish did not fight in West Cork for the blacks. Bobby Sands did not die for the blacks’.”
Diarmuid Kelleher, solicitor, at the earlier hearing, said the defendant had reached the age of 68 without getting into any kind of difficulty but had problems with his lack of tolerance on the occasion.