A FIANNA Fáil TD was ordered to leave a courtroom yesterday after a judge heard him chewing gum during his trial.
The trial of Mattie McGrath and five other men for assaulting a teenager two years ago was temporarily stopped as Judge Donagh McDonagh ordered the South Tipperary TD out of the room.
Proceedings came to a halt at Clonmel Circuit Court as Judge McDonagh looked towards Mr McGrath (50) and asked him: "Are you eating gum?"
Mr McGrath nodded and said "yes", to which Judge McDonagh replied: "Get out of my court."
Mr McGrath apologised to the court and left the room for a number of minutes before returning and telling the court he was chewing gum because he had a sore throat.
Mr McGrath was before the court on one charge of assault causing harm to Timothy Cleere (17), in Newcastle, Co Tipperary, on August 14th, 2006.
He is also charged with violent disorder and with using threatening, abusive or insulting behaviour on the same date.
A statement made by Mr McGrath to gardaí following the alleged incident was read to the jury on the sixth day of the trial yesterday. Mr McGrath said he became "frightened" and "very concerned for his own safety" when the car he was in was surrounded by youths who had been drinking in a church car park.
He said he had been in Nugent's pub in Newcastle, Co Tipperary, at 7pm for one pint following a vintage car rally in the town.
He said he went away and returned after 10pm. At closing time, the pub's owner told him she was afraid there would be trouble as "one of the Cleeres and that gang" were around.
He said people outside the pub were annoyed, as the youths had been taunting a friend of his.
Mr McGrath said he encouraged his friend to go home and spoke to the youths across the road "in a calm manner" and said the "last thing they wanted was trouble in the village".
He said Mr Cleere came forward in a menacing manner and said: "Ye had a wonderful f***ing day, we didn't."
Mr McGrath said two of the youths kicked a phone box and gestured to people outside the pub as they left the area.
He later asked his neighbour Seán O'Shea for a lift home and five of the youths stood in front of him as he walked to Mr O'Shea's car. He said Mr Cleere had a green bottle in his hand and was acting in a threatening and menacing manner towards him.
Mr McGrath said he jumped into the car and phoned Anthony O'Dwyer in the pub and asked him to come down as he was "in trouble". He said the youths were jumping on the bonnet and Mr Cleere put his bare buttocks to the window of the car.
Mr McGrath said he rang Dungarvan Garda station at about 1am to report the incident. Garda Donal Foley of Ballymacarbry Garda station said no record of any call by Mr McGrath was made at any Garda station. The trial continues at Clonmel Circuit Court today.