Longford man pleads guilty to obstructing gardaí
A 64 year old man who hasn't come to Gardai attention for 27 years was told he can avoid a custodial term by making a charity donation.
Martin Nevin Snr (64), 1 Knockloughlin, Longford, was charged with obstructing a peace officer arising from an incident on August 10, 2019.
Two other men, Hugh Myers, 18 Ardleigh Crescent, Mullingar, and Martin Nevin Jnr, 1 Knockloughlin, Longford, were previously dealt with by the court as a result of the incident.
Sergeant James Rowan told judge Keenan Johnson that the matter before the court arose following a call regarding a domestic incident at the home of the Nevin family. Three officers arrived at the scene.
When the Gardai entered the house Martin Nevin Jnr was in the living room in an intoxicated state. The officers asked him to leave the premises, but he became belligerent to Gardai. As the officers escorted him out another man, Hugh Myers, told Martin Nevin Jr not to leave.
Myers called one of the officers “a cancerous dying bastard”. As the Gardai attempted to remove Martin Nevin Jnr he attempted to headbutt one of the officers. There was a struggle in which people fell to the ground.
The court heard at the time Martin Nevin Jnr had received treatment for an eye injury, and when the officers deployed pepper spray Mr Nevin Snr intervened. In the course of the arrest of Martin Nevin Jnr the father obstructed the peace officers, he was not arrested but charged with the offence.
Barrister Kieran Collins said of his clients actions: “Mr Nevin got involved when he knew he should have,” council said, “he just waded in when he knew he should not have.”
Mr Collins said Martin Nevin Snr behaviour was because of his concerns that the pepper spray would have on his son's eyes.
Counsel explained that the parents called Gardai to remove Martin Nevin Jnr, but when the officers pepper sprayed the son the situation escalated.
In his summing up Judge Johnson noted the plea of guilty to the obstruction charge and the defendant's acknowledgement of his wrongdoing. The judge said when the offers arrived they were welcomed in by the parents of Martin Nevin Jnr.
Judge Johnson said the son became “agitated” and was encouraged in his behaviour by Myers and that as a consequence of this Martin Nevin Jnr was pepper sprayed.
The judge said if the defendant makes a payment to the Garda Benevolent Fund of €500 by January 10 he will impose a sentence of one month, which will be suspended for one year.