A warrant was issued for the arrest of a man who was convicted of assaulting an ambulance paramedic who went to his assistance when he was lying on the side of St. Patrick’s Quay in Cork.

The paramedic was kicked on the leg by the man.

Sentencing of the accused man, Robert Harris, had been put back for a probation report on him.

However, Harris failed to show up in Cork District Court for the sentencing hearing.

And his solicitor, Frank Buttimer, acknowledged that he had engaged only to a limited degree with the probation service.

Judge Olann Kelleher issued the bench warrant for his arrest.

The case had gone to trial and Robert Harris denied an assault charge claiming he was suffering an epileptic fit at the time.

However, the injured party, John McCarthy, said the defendant Robert Harris of Cork Simon Community, was “faking it.” John McCarthy, ambulance paramedic, responded to a call on April 4 2021 about a man having a seizure on St. Patrick’s Quay.

“Mr Harris was lying on his side. There was no seizure activity when we arrived. He was not unconscious. I put my hand on his chest. He gave me two kicks to the back of my leg on my calf. He told me to get my hands off him.

“There was no seizure activity. He was not confused and irritated. He was quite abusive and agitated. He did not want our help,” Mr McCarthy said.

Defence solicitor, Frank Buttimer, said, “His defence is that he was having seizures and he was not conscious of any act which you describe.

“You got a report that some individual thought he was having a seizure. It appeared someone was concerned he was having a seizure.” Mr McCarthy said he knew Robert Harris, who is aged around 50, and had assisted him several times before. He said the defendant was not having a seizure and was not unconscious but was faking this.

“He told me to get my hands off me and gave me two kicks in the calf,” the injured party said.

Margaret Casey of national ambulance service corroborated her colleague’s evidence.

“He had no signs of seizure activity at all,” Ms Casey said.

Judge Alec Gabbett who heard the case said, “Both ambulance members are on first name terms with the defendant. He is a frequent flier. They know him well. That is the most compelling evidence.” Robert Harris said he had medical difficulties and that “through my own fault” he had cirrhosis of the liver.

Judge Gabbett said the defence was saying it was unintentional due to a medical fit. He convicted Robert Harris of assault.

The judge said, “I don’t believe for a minute they would not have brought him to hospital if he had a fit. I don’t believe it was unintentional or autonomous.”