Cork motorist who assaulted garda at drink driving check jailed for three years

A motorist who assaulted a member of An Garda Síochána in the course of a routine drink driving check could have avoided jail or been given a short sentence in the district court, but he chose a trial by judge and jury, was found guilty and has been jailed for three years.

Penalties for charges in the district court are set at certain maximum levels — for instance six months or 12 months — but by indictment at the circuit court the charges can carry penalties with a maximum of, for instance, five years.

In the case against 47-year-old Gerry Ross, of St Philomena’s Road, Gurranabraher, Cork, the DPP said the whole case could be dealt with at district court level on a plea of guilty.

Gerry Ross opted for trial by judge and jury at Cork Circuit Criminal Court, where he was convicted on charges of taking action to frustrate a prosecution, failing to provide blood or urine for a test in a suspected drink driving case, and obstructing Sergeant Kevin Coholan, who was assaulted by the motorist.

VIOLENT REACTIONS

Judge Dermot Sheehan commented on the violent reactions of Gerry Ross on the night of November 6, 2023, when Sgt Coholan was working alone in the Bishopstown area, just before midnight.

“This was an anodyne drink driving incident and this was Gerry Ross’s reaction. Everything he was saying about the guards was nonsense. And after a trial by jury it was found to be nonsense.

“He showed complete contempt for a member of An Garda Síochána in the course of his duty. There was no justification for the assault on Sergeant Kevin Coholan.

“Mr Ross insisted this would be dealt with by a jury. Sergeant Coholan is entitled to go to work without people attacking him. It happened at night. The level of violence was not severe but it did have an impact on Sgt Coholan. The bad conduct of Gerry Ross was continuous and the sergeant was working on his own,” Judge Sheehan said.

Sgt Coholan activated blue lights on a patrol car indicating for the defendant to stop. “I arrested him and informed him of the reasons for his arrest. 

PUSH

"He proceeded to push me and run away. I held him on the ground. He ran towards Dino’s. I warned him to stop or he would be pepper-sprayed.

“He was handcuffed on the ground. He gave me a full force kick to my lower left leg. He was abusive and threatening and repeatedly attempted to stand up. The incident was captured on CCTV,” Sgt Coholan said.

The sergeant said the defendant’s evidence was untrue in a number of respects, where he claimed he was pulled out of the car, that the sergeant never identified himself, that he was tripped on to the ground and that he [the defendant] did not deliberately kick the sergeant and it was a case of flailing around on the ground.

Alan O’Dwyer defence barrister said: “He now accepts the verdict of the jury. It was moments of madness. He has a supportive family and a long history of work and staying out of trouble.” 

Imposing the three-year sentence, Judge Sheehan said he saw no grounds for suspending any portion of it.