Kicked prison officer in the back of the head at the Midlands Prison

A man admitted kicking a prison officer in the head in the Midlands Prison. 

Aaron Daly (21) of Limerick Prison, Mulgrave Street, Limerick, admitted assaulting the prison officer at the Midlands Prison in Portlaoise on May 31, 2024. 

Garda Sergeant JJ Kirby told a sitting of Portlaoise District Court that an altercation broke out between the defendant and another prisoner. He said a prison officer was restraining one of the men when the defendant broke free, approached the injured party and “kicked him in the back of the head”. 

“Medical report indicates soft tissue damage to the cervical spine and tenderness in the area,” said Sgt Kirby. He said the man had 14 previous convictions and was due for release from prison in October 2027. 

Andrew Dunne BL said his client was “very regretful and remorseful” in relation to the incident. He said the defendant knew nothing only prison growing up and his father had been murdered. “Most of his family were in and out of prison,” he stated. 

“He is a gentleman with a plethora of difficulties,” said Mr Dunne. “He is serving four years and eight months for a string of very serious offences,” he said. 

Mr Dunne said the man had only been in custody for a short while when this offence was committed. He said the man had suffered a bereavement when his child had died and his mental health had deteriorated. He said the man would get into petty fights but he has since begun engaging with school and in anger management treatment. 

Mr Dunne said the man’s nephew, who is around the same age, was also in prison and “fell victim to a dispute” and that began the altercation the prison officers were dealing with. 

“He was deeply upset. He saw his nephew in distress,” said Mr Dunne. 

Mr Dunne said the accused had apologised to the prison officer straight immediately after the incident. “It wasn’t his intention to harm the officer,” he said. 

Sgt Kirby was asked to relay the events again by Judge Susan Fay. He said “there was a row on the landing of the D Wing between two prisoners” and two officers intervened. 

“Mr Daly broke free and approached (the named officer) and kicked him in the back of the head,” said Sgt Kirby. 

Mr Dunne said someone had attempted to harm the accused man’s nephew and that person was being restrained. “He shot out with a kick and unfortunately that hit the prison officer,” he said.   

Judge Fay noted the prison officer also sustained a concussion in the assault. “This is a very serious assault and the victim in this matter was just doing their job,” said Judge Fay. 

She said the sentence had to be proportionate to the crime. 

“This court appreciates that your client has not had an easy start,” Judge Fay told Mr Dunne. 

She noted the guilty plea and sentenced the man to four months to commence at the completion of his sentence. She fixed recognisance in case of appeal and granted legal aid in the case.