Garda assaulted while investigating incident where a man put his fist through windscreen

A member of An Garda Síochána was assaulted when he went to investigate an incident where a man put his fist through the windscreen of his partner’s car.

Kevi Kabeya of Woodbrook Avenue, Bishopstown, pleaded guilty to charges that included assaulting Garda Shane Masters and causing criminal damage to the car.

The Congolese national, who has been resident in Ireland for 13 years, apologised for his behaviour on the day and for the assault on Garda Masters.

Sergeant Pat Lyons said at Cork District Court that Garda Anthony Sugrue and Garda Shane Masters responded to the complaint of criminal damage to a car where the windscreen was smashed. Gardaí arrived and met the defendant.

“He became abusive to his partner. When asked to calm down and again on being arrested for suspected criminal damage he became extremely aggressive and abusive towards gardaí, making various threats to them.

“He then punched Garda Masters in the upper chest. He violently resisted arrest and had to be handcuffed.

“He later admitted causing the criminal damage,” Sgt Lyons said.

Frank Buttimer, defence solicitor, said: “He is very apologetic. He should not have done it. There is no victim impact statement from Garda Masters – I hope Garda Masters is well. Mr Kabeya is a Congolese national, in Ireland 13 years co-habiting with his wife and seven children. 

"He works fulltime to support his wife and children.” 

The solicitor said the accused had given him details of the argument that occurred that day between the defendant and his wife but that whatever way one looked at it, Mr Kabeya, 32, was wrong.

Mr Buttimer said matters might have resolved differently had the accused reacted calmly to the arrival of the gardaí – even after he had damaged the windscreen.

“He is remorseful and is aware of the view that courts take to striking a member of An Garda Síochána. However, he is pleading for leniency, not for his own sake but for his children whom he supports. He would ask if you might consider any options other than custodial,” Mr Buttimer added.

Judge Olann Kelleher asked what the defendant was doing in relation to his problem with alcohol. Mr Buttimer said Mr Kabeya had stopped drinking since this occurred last February.

Judge Kelleher said: “He is facing jail. I am going to get a probation report before I finalise it.” 

Sentencing was adjourned until September 18.