Louth man who threatened to burn down a Garda's house escapes jail


A local man who threatened to burn a garda's home after he was stopped for holding a mobile phone while driving has been spared jail
A local man who threatened to burn a garda's home after he was stopped for holding a mobile phone while driving has been spared jail at Drogheda Circuit Court.
Padraig Smith (41) with an address at Mountain View, Point Road, Dundalk was given a suspended sentence last Friday for making a threat to cause criminal damage on December 15th 2020, while a second charge he admitted - of obstructing a garda, was taken into consideration at the sentencing hearing.
The court previously heard the defendant was cooperative at first but then became aggressive and abusive when he was told his car was going to be seized for having no insurance.
He shouted into a female garda's face and began swinging his arms wildly, while an attempt was being made to handcuff him, and the officer was struck in the face and her glasses were knocked off before he was arrested.
The garda suffered a cut under her left eye, her nose was bleeding and she had difficulty keeping her balance.
Later, in custody in Dundalk Garda Station when he was told the garda had gone to hospital he said “Good she deserved it” and added he would find out where her house was and burn it, saying “I don’t care. I’ll do 10 years for it”.
Replying to the defence barrister an investigating garda described the defendant's flailing arm actions as reckless rather than deliberate.
At last week's resumed sentencing hearing the Defence barrister said his client realised the impact of his threat, and stressed 'He never had any intention of carrying it out'.
He added that at the time of his offending the defendant had been under severe pressure due to adverse media attention arising from the actions of another family member.
Judge McMullan said she accepted the defendant never meant to carry out his threat but the garda did not realise that and 'It was not just a threat to burn property but a threat to burn a home'.
The judge, who noted Padraig Smith had not come to Garda attention since the incident and was assessed as being at low risk of re-offending, imposed a fully suspended sentence of 18 months, saying "It was a nasty thing but I don't think he deserves to go into custody".