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*The Jack Daly on county final day. Photograph: Gerard O’Neill
A JUDGE SAID that she wouldn’t say anything sexist after hearing how a middle aged GAA supporter was “emotional” when lighting a flare at the Clare senior football final.
At Cusack Park in Ennis on October 30th last, David Wheeler (49) was one of thousands of fans to attend the Clare SFC final between Ennistymon and Éire Óg when he lit the flare.
At the final, Éire Óg came out on top to win their second successive senior county football final.
Solicitor for Mr Wheeler of Main Street, Ennisymon, Monica Roche told Ennis District Court on Wednesday that her client “was emotional on the day and is sorry for what happened. It was the County Final. Mr Wheeler is an avid Ennistymon football fan of longstanding”.
Ms Roche said that Ennistymon had not competed in the senior county football final for a long number of years.
In response, Judge Larkin said, “For goodness sake – the county final. Really and truly. Men really behave like…I won’t say anything sexist. Really and truly….”.
Mr Wheeler was charged under legislation dating back 148 years concerning the release of the flare and pleaded guilty to releasing a flare or firework at Cusack Park contrary to Section 80 (1) (a) Explosives Act 1875 as substituted by Section 68 of the Criminal Justice Act.
Judge Larkin told Mr Wheeler to “behave his age” and applied the Probation Act.
Outlining the facts, Sgt Aiden Lonergan told the court that Garda Elizabeth McDonagh observed Mr Wheeler holding a lit flare and waving it around on the river side stand at Cusack Park during the county football final and the stand was crowded at the time.
Sgt Lonergan stated that Garda McDonagh apprehended Mr Wheeler and after arrest made numerous orders of Mr Wheeler to drop the flare and after 30 seconds he did so.
He said, “The flare was kicked away and made safe”.
Sgt Lonergan stated that when arrested, Mr Wheeler repeatedly shouted “You are only arresting me because I am black man”.
Sgt Lonergan stated that when Mr Wheeler was conveyed to Ennis Garda Station where he was charged and in response to caution, Mr Wheeler said, “I would do it again.”
Ms Roche said that Mr Wheeler is sorry for what happened but said that a photo appeared in The Clare Champion showing that a lot of people had flares when the game was over.
Ms Roche stated that there was a video of Mr Wheeler holding up the flare and it was very clear around him and not a packed area.
