Suspended six month jail sentence after assault on Garda 

A 40-year-old was given a six month jail term suspended for two years after an incident, in Kinlough, Co Leitrim, which saw him assault a garda in the execution of her duties, in 2021. 

Felix McGrath, with an address of 6 Benbo Heights, Manorhamilton was also told that he would have to undertake an anger management course by Judge Brendan O’Reilly at Ballyshannon District Court on Friday.

The court was told that the incident occurred at Glenview, Kinlough on March 15, 2021, during a time of Covid regulations.

Other charges were withdrawn by the prosecution including failing to comply with the directions of a Garda, intoxication in a public place, while defendant through his solicitor, Gerry McGovern, entered a plea of guilty to a charge of threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace under the public order act.

The court was told that gardai had been called to what they believed was a “domestic violence type” 

The two gardai spoke to the owner of the house, who indicated that his brother was intoxicated and refusing to leave the house.  

The defendant was recognised by one of the gardai on the scene. He had his fist clenched in an aggressive manner and came towards the gardai. He also went to the garden and removed the pillar capping and turned as if he was going to throw it.

In direct evidence, Gda Andrea Rogers said that she observed the defendant lift a concrete slab off the ground and being very aggressive.

She told the court that the defendant “pushed me five or six times on the chest”, and had to withdraw a safe distance with Gda Nicola Sheerin.  

While they were waiting for assistance, he began punching the garden wall. He issued threats including one to “kill the scumbags” and referred to them as “garda bastards”.

It had taken a number of guards to arrest the defendant and he also resisted arrest and gardai were forced to place him in handcuffs during the arrest .

Entering a plea to a number of charges, including assault of Gda Rogers, with others withdrawn, solicitor Gerry McGovern explained that his client had not come to the attention of gardai since the incident.

He explained the circumstances of a family tragedy around that time and the death of a brother. 

Defendant had been quiet enough since and had been most courteous and apologetic to gardai since. He had not been drinking since the incident. 

Large amounts of vodka had been consumed on the date in question and his behaviour had been outrageous as he was “heavy with alcohol”. 

Gda Rogers said that she had never met the defendant before the incident and she agreed that on court day, he had shook her hand and she had accepted his apology. 

Judge O’Reilly was told that the car used by gardai was a marked patrol car. He asked Gda Rogers how she felt as a result of the assault.  

She explained that it had always been her belief that she could talk somebody down or deescalate the situation by voice or talking, but that the situation she witnessed that day was unpredictable.

She had not been off work, but after being pushed five or six times, and then observing the defendant pulling pillars off the wall, she feared that more could have happened. 

Judge O’Reilly said: “This man has to go to prison unless there is a compelling reason.” 

He said that as far as he was concerned, it was straightforward, in that there were two gardai in full uniform present, they are not armed and depend on the law to protect them.

Defending solicitor McGovern said that his client accepted the gravity of the situation and that gardai were merely trying to calm him down, which they had initially been able to do.

“Due to various things, he had lost the plot,” and it was not normal behaviour.

In direct evidence, the defendant told the court that he had always got on well with the guards.

“I have no problems with the guards,” he said.

He added that he had apologised for his actions, was ashamed of what he had done and hadn’t wanted to be taken away from the house on the day, because of his fears of the health of a family member, at the location. 

Promising that he would never let this happen again, he was “embarrassed” and “never want to see the inside of this place again”

The Judge pointed out that gardai only were going out “to do their duty on behalf of the community and they are somebody’s children too”.  

Relating to the apology, he added that he could have made it easier for himself, if he had made it at the time of the incident,

“The Gardai’s only protection is the court.” 

He said that he would accept the plea of assault on Gda Rogers, while assault charges on Gda Sheerin and Carey were withdrawn.  

Defendant was fined €800 on the remaining public order offence with 12 months to play, with two others struck out.. 

On the assault of Gda Rogers, he was sentenced to six months in prison suspended for a period of two years on his own bond of €100, told to keep the peace and take an anger management course. 

On a separate charge of drinking driving at West End, Magheracar Bundoran on September 19, 2020, on a guilty plea for a blood specimen of 202 mgs blood per 100 ml of alcohol. He was fined €200 and disqualified from driving for a period of three years. 

Judge O’Reilly said that he would have had no mercy on the defendant had it not been for the fair and honourable evidence of the prosecuting Garda and the mitigation offered by his solicitor.

Speaking of a community police force who police “by the will of the people”, he told the defendant, “you are extremely fortunate that you are not going to jail today.”