Donegal judge dismisses charge of criminal damage as court hears of Men’s Shed feud

The case against a man charged with criminal damage to the door of a Men’s Shed premises has been dismissed.

Judge Emile Daly said that reasonable doubt had been shown regarding the accusation.

James Boyle, 81, of Cotteen, Derrybeg, was before the March sitting of An Clochan Liath / Dungloe District Court. He denied that on a date unknown between January 1, 2025 and January 2, 2025 at Men’s Shed, Industrial Estate, Gweedore, he caused criminal damage to exterior doors of the property belonging to the Men’s Shed. 

At a previous court sitting, Judge Daly had appointed a solicitor to represent Boyle. At the March sitting, the solicitor informed the court that she was in a position of conflict, and had told the defendant that she was unable to represent him. She had suggested that he get alternative representation but he said he would not do so. 

Judge Daly asked the defendant: “Are you sure you wish to proceed without legal representation?”

Boyle replied: “Yes.”

Five men, two of whom were witnesses who gave evidence, were seated together in the public gallery wearing matching anoraks bearing the Men’s Shed logo. 

Garda Mark Dorrian told the court that on January 1, 2025 James Boyle arrived at Bunbeg Garda Station.

“He proceeded to show me pictures of himself on his phone, of the front of the door of the Men’s Shed in the industrial estate in Bunbeg,” said the garda. “He said he had just screwed the steel plate to the front door and wrote on it, ‘Happy New Year, J Ellen.’

“As he had just made a statement incriminating himself, I attempted to caution him but he had left the station before I had the opportunity to do so,” said Garda Dorrian.

The following day, Men’s Shed chairperson Austin O’Donnell arrived in Bunbeg Garda Station to report the incident. 

On January 19, 2025 Garda Dorrian obtained a formal statement of complaint from Mr O’Donnell, who handed the garda a small steel plate that had been removed from the door. The steel plate was handed into court as evidence. 

The garda obtained a statement on February 5, 2025 from Michael Coll, also of the Men’s Shed, who had been contracted to remove the steel plate.

On March 14 Garda Dorrian approached the defendant at Upper Cotteen, Derrybeg to take a cautioned statement from him.

“Mr Boyle refused to make any statement in relation to it,” said Garda Dorrian.

Boyle was given the opportunity to cross-examine the garda witness. 

He said: “I made two complaints to the garda that day. Why is he not bringing the other one up?”

Garda Dorrian said only one issue was mentioned.

The defendant said: “The other complaint was the ongoing bullying on the internet against me, and what I was accused of on the internet, having a shotgun that I was going to shoot myself.

“This is ongoing for four years and already reported to the gardaí and they did nothing about it. The bullying has to stop.”

Boyle denied placing the plate on the door of the Men’s Shed, and denied telling Garda Dorrian that he had done so. 

“I went to the store next to the Men's Shed and saw the plate and took a photo to the garda station to say I didn’t do it, to clear myself,” he said.

Garda Dorrian replied: “No, he showed me a selfie of himself with the plate behind him, said, ‘I did this, what are you going to do about it?’”

Judge Daly asked the garda if he was certain no complaint about bullying was made that day, and if one had been lodged previously.

“He made no complaint that day about bullying,” said the garda. “It is my understanding that he had made a complaint previously and the matter had been investigated.”

Boyle said he had been kicked out of the Men’s Shed for no apparent reason. 

“They now have it as a private club,” he said. “We want our Men’s Shed back.”

Chairperson of the Men’s Shed Austin O’Donnell gave evidence of going to premises at midday on January 2. 

“As soon as I approached the shed I seen the placard on the door,” he said. “It was actually bolted between the two doors so you couldn't open it. I contacted one of the other members of the Shed who had tools to see if he could come and remove it. 

“I took photos. As soon as Michael Coll was on the premises I went to the garda station to report it. 

“The garda said to go ahead and remove it and he would give me a call in the next day or two.”

Cross-examining the witness, Boyle asked: “Main question, why was I kicked out of the men’s shed?

The judge reminded him that he had to limit his questioning to facts relevant to the case. 

“You may have a million reasons in your head about what happened but we are only here today to deal with this,” she said. “You are being prosecuted.”

Michael Coll then gave evidence of receiving a call from Austin O’Donnell regarding the plaque, and of removing it once the matter had been reported. 

Boyle asked him: “What proof do you have that I done it?”

The witness replied: “I don’t have proof. Your name is on it, that’s all I know.”

The defendant took the stand and gave evidence that he went to a building which he used for storage. It was beside the Men’s Shed.

“I seen this plate on the door with my name on it,” he said. “I took a selfie.”

When asked by the judge if the photo could be produced, Boyle replied: “I don’t have it. I had my phone reset and a lot of stuff was taken off it.”

Continuing his evidence, the defendant said: “I went to the garda station to report that my name was on it and that I didn’t do it. I told them about this and about the bullying. Something was done about this, nothing was done about the bullying. 

Boyle acknowledged that he had only been in the garda station for a very short time. 

When asked why he left so quickly without making a statement, the defendant said: “I had no other business there.”

Inspector Seamus McGonigle questioned Boyle about the selfie. 

“If it was that important, why didn’t you keep it, to show that intimidation?” he asked. “If you were so annoyed at the way you were treated, would you not have printed it off so that you would have it forever?”

The defendant replied: “I wouldn’t know how to do that.”

The inspector then asked Boyle why he had refused to make a statement when Garda Dorrian called to him. 

“The guards are there to help you,” added Inspector McGonigle.

The defendant said he did not remember being asked to make a statement. 

The court heard that damages were estimated at €50 which consisted of the callout fee for having the steel plate unscrewed from the door. Judge Daly said that a charge of criminal damage required that damage was done to property by intent or being reckless. 

Inspector McGonigle said the damage was caused by tightly screwing the plaque into the door, necessitating a handyman being called out to fix it. 

Reminding Boyle that he was under oath, the judge asked the defendant: “What is your opinion of what happened?”

He replied: “Because there is an ongoing feud over the last four years and they are trying to stop me from moving forward on that case, I can only see that they are trying to make a case against me.”

The judge then asked if, when he visited the garda station, Boyle had explained that he believed he was being set up. 

“No,” said Boyle. “I said the bullying has to stop.”

Judge Daly said: “If you went in and said very little and didn’t tell him you were being set up, how would he know?”

The defendant replied: “I think the words that I said was, ‘I didn’t do this.’

“It is very hard to go back now and remember.”

Judge Daly said: “No, it is not very hard. If something upsets you it is not hard to remember.”

After further questioning, the defendant said he had never before been involved with gardaí and was not familiar with what happens when making a report.

The court heard that there was no CCTV available. 

In delivering her judgement, Judge Daly said: “Garda Dorrian was of the view that the accused showed him that he had done this and had taken a selfie

“That admission falls on the Judges Rules. He went out the door and [Garda Dorrian] could have approached him then if he wanted him to make a statement.

“There is no proof of this damage. All there is, is a possibly inadmissible admission.

“There is also a background of a feud. Where it is possible that this was done in a vexatious way, I am satisfied that reasonable doubt has been shown so I am going to dismiss these charges.”