Intoxicated man accused gardaí of jumping on his head in Cork city

A 48-YEAR-OLD man pleaded guilty to several counts related to drunkenness and thefts, but noisily protested his innocence on charges arising out of one case and accused gardaí of lying, assaulting him, and causing him to have 32 seizures in four days.

Stephen McNamara, of Cork Simon Community, denied any wrongdoing in Cork city centre on July 17.

He claimed that eight gardaí jumped on his head on the street, again in the “paddy-wagon”, and again in the Bridewell Garda Station.

“I promise you, I did nothing wrong. I’m going to get locked up for Christmas because they jumped all over my head. This is a travesty that is happening. It is not f***ing fair,” Mr McNamara said, during his trial at Cork District Court.

Garda James O’Connell testified that at around 6pm, on July 17, he saw McNamara sitting in the doorway of Boots pharmacy with a cap at his feet — in a cupped shape with coins in it.

Garda O’Connell said the accused told him to go away and got to his feet.

He told McNamara he was arresting him and caught him by the left arm as he walked away.

“He swung back at me with his right arm. He spat in my face. He was about a foot-and-a-half away from me. The spittle hit the right side of my face. I restrained him to the ground and called for assistance … Throughout, he told me he would get me,” Garda O’Connell said.

OUTBURST

There were several outbursts from the accused as his solicitor questioned Garda O’Connell.

Judge Marian O’Leary repeatedly told him to remain quiet.

McNamara said: “Excuse me ma’am, I am sorry. I apologise. I am just extremely upset. I don’t like people telling lies about me, whether they are guards or not.”

When he did get into the witness box, he said: “I was walking down through Patrick St, carrying a litre bottle of vodka and a half litre of Fanta. I saw two guys in the doorway. I said: ‘Would you like a drink?’ I shared a drink with them.

“A garda jumped out, he picked me up, bate me off the floor, and stood on the back of my neck.

“He started screaming on his walky-talky: ‘He is resisting arrest’. A paddy-wagon arrives, eight guards come out and jump all over me. They put me in the paddy-wagon and jump all over my head again. And in the Bridewell, they jumped all over my head.

“I had 32 seizures over the next four days. I am a chronic epileptic,” McNamara claimed.

At the outset of cross-examination by Inspector Brendan McKenna, the defendant said: “Excuse me, I am not talking to you, I am talking to the judge.”

He later answered questions, saying he was not begging on the occasion and just drank with two men who were begging.

“I was saying to them: ‘Are ye cold? Are ye OK? Ye are homeless’, and all this carry-on,” McNamara said.

The accused then had to be carried out of court as he shouted loudly through the end of the case.

Judge Marian O’Leary convicted him of obstructing Garda O’Connell, engaging in threatening behaviour, and obstructing pedestrians by begging, being intoxicated, and a danger.

He was sentenced to a total of four months. That also covered charges to which he pleaded guilty, including several counts of being drunk and a danger, obstructing a drugs search, and shoplifting on other occasions.

Mr Buttimer said he represented the 48-year-old since he was a juvenile, and commented: “I have not seen an outburst like this from him in any court.

“He has untreated ongoing addiction to diamorphine, alcohol, you name it. He seems to have deteriorated very badly.”

The judge recommended that he get medical treatment in prison.