Man who told gardaí to “f*** off” and said he could 'do what he wanted' gets probation act

A man who repeatedly told gardaí to “f*** off” and said he was homeless and could do what he wanted has received the benefit of the Probation Act, after a judge heard he has no previous convictions and was struggling with his mental health. Owan Tabi (44), of no fixed abode, had pleaded not (NOT) guilty at Tallaght District Court to using threatening, abusive or insulting behaviour and failing to comply with a garda direction at Nutgrove Office Park, Nutgrove Avenue, Rathfarnham, Dublin 14, on August 20, 2025. Garda Brian Fogarty told the court that gardaí were called after a man was reported being verbally abusive towards a member of staff at the office park. When gardaí arrived, they heard the accused using abusive language and repeatedly telling them to “f*** off”. The court heard the accused said he was homeless and could do what he wanted. Garda Fogarty said he directed the accused to leave the area, but he refused and continued using abusive language. He said the man appeared aggressive in his demeanour, including by clenching his fists, but agreed he was not physically aggressive. The garda also told the court that Mr Tabi repeatedly told him to “f*** off”, even after being warned he could be arrested if he refused to leave. Mr Tabi was then arrested and brought to Tallaght Garda Station, where he was charged. Giving evidence, the accused said he suffered from depression and anxiety and had wanted to be left alone. He said he had encountered a delivery driver whom he believed behaved in an aggressive and threatening manner. He told the court he approached the garda patrol car to make a complaint and was not abusive to gardaí. The accused said he began to leave after being directed to do so and had taken a number of steps away when he was arrested. Judge Vincent Deane said that, based on the garda evidence, he was satisfied beyond reasonable doubt that the man was guilty. Defence counsel, Ethan Foley BL, asked the court for leniency, saying the accused had no fixed abode and struggled with his mental health. He was in difficult circumstances and had not previously come to garda attention, Mr Foley said. Judge Deane applied the Probation Act and fixed recognisance at €100 on the man’s own bond in the event of an appeal. Funded by the Courts Reporting Scheme
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