COURT: Nenagh garda assaulted while breaking up a fight
A probation report has been ordered for the defendant
Roscrea man who assaulted garda has “little recollection” of the incident, Nenagh District Court has heard.
Tommy Harty (23) of 9 Parkmore Halting Site, Roscrea pleaded guilty to two counts of assault, one count of production of an article capable of inflicting serious injury and one count of intoxication in a public place.
Sergeant Regina McCarthy told the court that on October 2, 2022, Garda Andrew Loughlin observed an altercation between two males at the junction of Pearse Street and Summerhill.
As he approached them, he saw the defendant holding a bottle of Bulmers and pursuing the other male.
Garda Loughlin stopped the defendant and asked him to drop the bottle, but Mr Harty continued after the other man who blocked his strike. The defendant dropped the bottle, which shattered.
The court was told that the garda got between the two males, and Mr Harty became aggressive toward Garda Loughlin.
Garda Loughlin used his incapacity spray but was struck by the defendant.
He used his spray again and was able to subdue and handcuff the defendant.
By then, other members of the gardaí arrived to provide assistance, and the defendant was arrested.
Later at the station, the gardaí contracted an ambulance, and while the defendant was being assessed, he became aggressive and slapped Garda Loughlin. That incident was caught on CCTV.
In the days that followed, the defendant went to Roscrea Garda Station and apologised for his behaviour.
Sgt McCarthy told the court the defendant has three previous convictions, including one for a public order offence.
Acting for the defendant, solicitor Elizabeth McKeever said while her client accepts the guard's version of events, “he has very little recollection” of the incident.
She said he had lost a good friend and had turned to drugs and alcohol to cope.
Ms McKeever said her client is a young married man, “with his life ahead of him.” He had pleaded guilty and had apologised.
Judge Fiona Brennan said the court views “the matter as very serious.”
“She said the guard had stopped to “assist someone and was himself assaulted.”
The judge said she accepted the defendant's apologised and noted the guilty pleas.
But said: “The court has serious concerns around this matter.”
Judge Brennan put the matter back to November for a probation report.