Soldier who was abusive towards gardaí escapes criminal conviction in court

A serving member of the Defence Forces, who was evasive and abusive to gardaí following a road traffic collision in Inishowen last year, has avoided a criminal conviction after agreeing to make a €300 donation to charity.

Soldier Keelan Doherty, of 15 Clos Patrick, Carndonagh, admitted a charge of failure to give information contrary to Section 107 of the Road Traffic Act when he appeared before Carndonagh District Court.

A separate charge of threatening or abusive behaviour contrary to Section 6 of the Public Order Act was dropped by the State in exchange for the guilty plea to the motoring offence.

Judge Eiteain Cunningham warned the 27-year-old that she would afford him “one opportunity and one opportunity only”.

She said the court took a very dim view of soldiers who broke the law.

Sergeant Emmet Brady summarised the evidence for the prosecution. He explained how Garda Shaun Patton had been on duty during the early hours of Monday, April 8, 2024, when he attended the scene of a road traffic collision in the townland of Larraghirril, Culdaff.

A male, now known to be Keelan Doherty, started to “become aggressive” at the scene whilst gardai were asking questions about the collision, which involved a 2008-DL-registered grey Volvo car.

Garda Patton made a demand under Section 107 of the Road Traffic Act to ascertain who was driving the vehicle but Mr Doherty failed to provide any information when questioned.

“Gardai then had to give him a direction in relation to his behaviour,” Sgt Brady said.

The court heard how an ambulance was at the scene and Mr Doherty was briefly treated by paramedics.

Later that evening, Mr Doherty was questioned for a second time about who was driving the vehicle at the time of impact, but once again, he proved to be wholly non-compliant.

“On April 8, 2024 at 8.25pm Garda Nicola Conroy made a demand under Section 107 of the Road Traffic to provide the name of who was driving, and once again he failed,” Sgt Brady testified.

Mr Doherty has no previous convictions, the court was told.

Defending the case, solicitor Robert Ryan said his client was very remorseful about what had happened.

“He’s a very young man. He’s asked me to apologise to the gardaí in respect of his behaviour.”

“I had a conversation with him and I don’t think he’ll be before the court for anything like this again. He’s from a very good family and he doesn’t want to be before the court.”

Mr Ryan said Mr Doherty is a hard-working soldier, who’s “passionate about his career”. He said he was under “a lot of pressure” at the time of the incident involving the guards last year.

“He’s in the Army. He has served his country abroad. At that time, he was preparing to go abroad and he was under a lot of added pressure and a lot of stress.”

“He holds his hands up at the earliest point regarding his behaviour to the gardaí – and, as I said, I don’t believe he’ll be before the court for something like this ever again.”

Judge Cunningham said Mr Doherty’s behaviour, particularly for someone in the Defence Forces, was “not acceptable on any level”.

His solicitor replied: “We’re not condoning it in any way, judge.”

Judge Cunningham interjected: “Mr Ryan, it’s concerning for someone in his profession to behave in that way towards someone in a similar profession. That is something that is of huge concern to this court.”

“I have to give him credit however, for the fact that he has held his hands up at the earliest opportunity – and indeed with the manner in which he has approached the case.”

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The judge said she would afford Mr Doherty one chance to make a donation to a good cause in lieu of a criminal conviction.

“I’ll give him one opportunity and one opportunity only – but I want the message to go out loud and clear that I do not tolerate that type of offending behaviour to members of An Garda Siochana, who are tasked to carry out their duties, just as he is, as a member of the Armed Forces. It’s not satisfactory at all.”

Judge Cunningham directed the young soldier to pay the sum of €300 towards the ‘All Roads Lead to Buncrana’ charity.

He left the courtroom and returned a short time later with the cash, before the case against him was struck out.