Ancient urination law only applies in Dublin

A man accused of urinating outside Ballyshannon Court has had his case dismissed because it did not happen in Dublin.

A Garda who detected the offence on December 6, 2013, summoned Roy Morrow, aged 28, under a 143-year-old law specifically aimed at Dublin offences.

At Ballyshannon District Court, defence solicitor Rory O’Brien noted that section five of the 1871 law referred to indecent exposure or any act contrary to public decency “within the limits of the police district of Dublin Metropolis”.

Judge Kevin Kilrane immediately struck out the charge against Mr Morrow, of Donegal town.

He did not even have to consider applying a penalty, which could have been a maximum fine of five old pounds, or two months in jail.

Later, prosecuting inspector Denis Joyce said outside the court that there is no specific offence for urinating outside Dublin.

He said prosecutions for such offences elsewhere in Ireland are usually brought under the Public Order Act.

He attributed the choice of summons to inexperience by a young garda.