A 42-year-old man caught a garda by the jacket and tried to choke him with it and later kicked the same guard in the genitals when the officer responded to a call from the attacker’s ex-partner who was in fear of him.
The assailant has been sentenced to two years in prison with the last six months suspended. He was given a concurrent ten months sentence by Judge Helen Boyle for breaching a barring order by putting his ex-partner in fear.
Because of the breach of the Domestic Violence Act he cannot be identified in coverage of the case.
Defence barrister, Paula McCarthy, said, “He has a serious issue with alcohol. It is borne out by the evidence. It is accepted by the guard that when he is sober he is a completely different man. He has mental health difficulties.
Judge Boyle said the defendant pleaded guilty to assaulting two members of An Garda Síochána, causing criminal damage at the garda station by urinating in the cell and that he was found guilty by a jury on the count of breaching a barring order.
"When you were placed in handcuffs you kicked back, kicking the guard into the genital area,” the judge said.
As for his ex-partner she no longer feels safe in her own home.
The judge agreed with the defence barrister’s submission that if the accused did not address his alcohol issue he would not live a very long life.
Judge Boyle said the assaults on gardaí was not premeditated or prolonged but it was intentional.
During the trial earlier this month, the defendant’s ex-partner said he drank 14 cans of Budweiser, pinned her to the wall and caught her by the throat and then picked her up and threw her on to a coffee table.
The man denied all charges against him and testified in a trial by judge and jury at Cork Circuit Criminal Court, “Not a hope I could lift her – I couldn’t lift a 25kg bag of seed.”
He also gave evidence in his trial that the complainant had hidden his late father’s ashes and would not return them He said he went to bed at 11pm because he felt sick and that he went downstairs at 2.30am to find that his partner was out. He said she returned about an hour later and he accused her of having an affair.
“It wouldn’t be the first time she cheated on me, like,” he said.
The complainant said she had a barring order against her ex-partner but that he visited her house that night and in the early hours of the morning he pinned her to the wall and caught her by the throat. She said the accused also picked her up and threw her on to the coffee table. And she said he caused damage to some of her property.
She also said he threatened to kill her – another complaint that the defendant totally denied.
The jury considered their verdicts in the case where the defendant was accused of assault causing harm, causing criminal damage, threatening to kill her and breaching a barring order.
They found him not guilty on the first three charges. They only found him guilty on one count, namely that of breaching the barring order.
He previously pleaded guilty to the charges of assaulting the gardaí and damaging the station by urinating in the cell.