Garda was assaulted and verbally abused at checkpoint
A 61-year-old man who had no tax on his car when stopped at a Covid checkpoint became verbally abusive and then assaulted a garda.
Conal McDevitt of Stranaclough, Glenties was before Donegal District Court on Wednesday. He pleaded guilty to assaulting Garda Michael Connolly at Abbeylands, Ballyshannon on April 4, 2021. He also admitted having no motor tax on the vehicle he was driving.
Inspector Seamus McGonigle described the defendant’s behaviour on the day as ‘completely out of order.’
He added: “It is difficult enough for gardaí to go about their job without being treated in such a manner.”
Judge Sandra Murphy agreed, saying: “To assault a member of An Gadra Síochana and to verbally abuse him to the extent that the inspector was reluctant to read out what was said is very serious in my view.”
Inspector McGonigle told the court that gardaí had been conducting a Covid checkpoint when the defendant approached. The tax on the car he was driving had expired in 2019.
“Garda Connolly asked if he had insurance,” said the Inspector. “The defendant replied, ‘Sure I am only taking it out for a drive. I will tell you something, you won’t be taking the f**king car off me.’”
He then made a reference to his daughter’s car having been taken some years previously.
Garda Connolly informed Conal McDevitt that the car was being seized. The defendant refused to get out of the vehicle when asked to do so.
The court heard that when Garda Connolly put his hand into the vehicle to take out the keys, the defendant grabbed his wrist, and a second garda had to assist his colleague.
Inspector McGonigle said that the defendant continued to be verbally abusive, the details of which he was reluctant to repeat in open court.
McDevitt refused to give his name and address to gardaí and left the scene on foot, shouting, ‘You are nothing but a shower of useless pricks.’
At a later date, he provided details of his insurance and driving licence.
Solicitor Eunan Gallagher said of his client: “He apologises unreservedly to the garda. He contacted the Garda Station the day after the incident but didn’t get to speak to Garda Connolly.”
Judge Murphy said: “This incident happened in April 2021. I am not hearing that he apologised. He has had plenty of time since then to contact Garda Connolly.”
Mr Gallagher said the car belonged to the defendant’s late father-in-law and he had taken it out for a drive while visiting his wife’s family home.
“He accepts that the assault on the garda shouldn’t have happened,” said Mr Gallagher.
“Unfortunately he acted very inappropriately.”
Judge Murphy replied: “The court takes this extremely seriously, an assault on a garda and abusive behaviour and little or no attempt to apologise to Garda Connolly.
“To say that he ‘acted inappropriately’ is a very mild version of what happened in my view.”
Mr Gallagher stressed that his client had no previous convictions.
Judge Murphy adjourned the matter to December 2, saying: “Mr McDevitt doesn’t seem to have an insight into what he has done. I am looking for insight, remorse and an apology and I am not seeing it.
“But I will give him the opportunity to do that.”
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