A man arrested for possession of an imitation firearm flashed his genitals at a female Garda while in custody last year, the District Court heard.
The man, aged in his 50s, cannot be named for legal reasons.
He appeared before Judge John Cheatle at Waterford District Court last month where he pleaded guilty to charges of possession of an imitation firearm, contrary to Section 9a of the Firearms and Offensive Weapons Act, 1990, and exposure, contrary to Section 45 (1) of the Criminal Law (Sexual Offences) Act 2017.
Sergeant John Phelan outlined to the court that on 26 June 2025, Gardaí received a report shortly after 8.00pm relating to a man who was seen in possession of a ‘pistol-like’ object outside Tesco, Ballybeg, Waterford city.
Gardaí spoke to the man, identified as the accused, and observed that he was in possession of an imitation firearm. He was subsequently arrested and brought to Waterford Garda Station, Sgt Phelan said.
While in custody, the accused pulled down his pants and flashed his genitals at a female Garda member.
A photo of the imitation firearm was presented to Judge Cheatle, and it was noted that the accused has 18 previous convictions for unrelated matters.
Acting for the defendant, solicitor Ken Cunningham said his client was “highly intoxicated” when he was arrested. Mr. Cunningham told the court that the exposure incident arose when Gardaí told the accused that a doctor was on the way to assess him. The doctor subsequently deemed him unfit to be interviewed.
The solicitor added that his client bought the imitation firearm at a shop in Waterford three years ago, and was told he did not need a licence for it as the velocity was less than one joule. Although a ballistic report deemed the firearm as ‘in-operable’ and ‘non-functioning’, it is still classified as an offensive weapon under legislation, Mr. Cunningham said.
The solicitor concluded by highlighting that his client wishes to apologise to the court, and accepts he has a “serious alcohol problem.”
Judge Cheatle ordered the accused to complete 120 hours of community service in lieu of a six month jail term on the imitation firearm charge. The exposure charge was taken into consideration.
Funded by the Court Reporting Scheme
Robyn Power
