Ballinamore man spared jail after Garda assaults during mental health crisis
Judge accepted actions were entirely out of character
A 70-year-old man from Ballinamore who assaulted two Gardaí during separate incidents while suffering a mental health crisis has been spared an immediate prison sentence. At Carrick-on-Shannon District Court on June 16, Judge Éiteáin Cunningham heard that Thomas Mullan, of 1 Dalton’s Apt, St Brigid’s Street, Ballinamore, Co Leitrim, had no previous convictions and that both incidents occurred after he stopped taking his prescribed medication.
The first incident occurred on August 13, 2024, after Gardaí were called to AIB Bank in Ballinamore. The court heard Mullan became aggressive and violent towards Gardaí and attempted to assault Garda Muldoon. He was arrested and brought to Carrick-on-Shannon Garda Station where a search uncovered a flint knife concealed in the pocket of his shorts. He had no lawful reason for carrying the weapon. A second incident occurred on November 13, 2024, when Gardaí received reports of a man walking through traffic and stopping vehicles on Main Street, Ballinamore.
Further complaints were received that patrons in the town were being disturbed. Mullan was directed to leave the area under the Public Order Act but became hostile towards Gardaí and was arrested. While in custody at Carrick-on-Shannon Garda Station he assaulted Garda Mulholland, punching him twice in the head while being searched.
The court heard Mullan had not come to Garda attention since the incidents. Defence solicitor Ciarán White said his client had been suffering a manic episode after failing to take his medication.
He told the court Mullan had since re-engaged with psychiatric services, was compliant with treatment and now presented as “a very different man” to the person who had appeared before the court when first charged. The court was furnished with psychiatric reports and a number of character references, including one from Mullan’s daughter, who is a doctor.
Judge Cunningham said the offences were serious and warranted custodial sentences but accepted they were entirely out of character. “I’ve considered the reports which are available to the court. I’ve considered the character of the accused. Certainly both of these incidents appear to be entirely out of character for the accused, who at the time was suffering from a mental health issue in that he had not taken his medication,” she said.
The judge noted that responsibility for taking medication ultimately rested with Mullan but acknowledged he had engaged positively with mental health services since the offences.
On the charge of possessing the knife, Judge Cunningham imposed a two-month prison sentence, suspended for 12 months on condition Mullan enter into a €200 peace bond under Section 99, continue engaging with mental health services and remain compliant with his prescribed medication.
A further two-month prison sentence for assaulting Garda Mulholland was also suspended for 12 months on the same conditions. Although the second offence had been committed while Mullan was on bail, Judge Cunningham said she accepted his otherwise good character and the positive references before the court.
Addressing Mullan directly, the judge encouraged him to continue engaging with treatment. “I wish you well. It’s a difficult road for you, but certainly what I would say to you is continue engaging and if you ever feel that anything is triggering you, you need to link in with your mental health services,” she said.
“The long-term injection seems to be a real positive in terms of dealing with your condition and I would certainly encourage you to take that when it’s been offered.” The remaining matters before the court were struck out.