Suspended six month jail sentence after assault on Garda 

A 40-year-old man was given a six month jail term, suspended for two years, after an incident in Kinlough, Co Leitrim, which saw him assault a garda.

At Ballyshannon District Court, Felix McGrath, of 6 Benbo Heights, Manorhamilton was also told that he would have to undertake an anger management course.

The court was told that the incident occurred at Glenview, Kinlough on March 15, 2021, during a time of Covid restrictions.

Other charges were withdrawn by the prosecution including failing to comply with the directions of a garda and intoxication in a public place. The defendant, through his solicitor, Gerry McGovern, entered a plea of guilty to a charge of threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace under the public order act.

Gardaí had been called to what they believed was a “domestic violence type” incident.

The two gardaí spoke to the owner of the house, who indicated that his brother was intoxicated and refusing to leave the house.  

Felix McGrath was recognised by one of the gardaí. The defendant had his fist clenched in an aggressive manner and came towards the gardaí. He also went to the garden and removed the pillar capping and turned as if he was going to throw it.

In direct evidence, Garda Andrea Rogers said she observed McGrath lift a concrete slab off the ground and she said he was being very aggressive.

She told the court McGrath “pushed me five or six times on the chest”, and she had to withdraw a safe distance with Garda Nicola Sheerin.  

While they were waiting for assistance, the defendant began punching the garden wall. He issued threats including one to “kill the scumbags” and referred to them as “garda bastards”.

The court was told that it took a number of gardaí to arrest the defendant and he also resisted arrest. Gardaí were forced to place him in handcuffs during the arrest.

Entering a plea to a number of charges, including assault of Garda Rogers, with others withdrawn, solicitor Mr McGovern explained that his client had not come to the attention of gardaí since the incident.

He explained the circumstances of a family tragedy around that time and the death of a brother. 

He said his client had been quiet enough since and had been most courteous and apologetic to gardaí since. He had not been drinking since the incident. 

Large amounts of vodka had been consumed on the date in question and McGrath’s behaviour had been “outrageous” as he was “heavy with alcohol”, the solicitor said.

Garda Rogers said she had never met the defendant before the incident and she agreed that on court day, he had shook her hand and she had accepted his apology. 

Judge Brendan O’Reilly  was told that the car used by the gardaí was a marked patrol car. He asked Garda Rogers how she felt as a result of the assault.  

She explained that it had always been her belief that she could talk somebody down or de-escalate the situation by voice or talking, but that the situation she witnessed that day was unpredictable.

She had not been off work, but after being pushed five or six times, and then observing the defendant pulling pillars off the wall, she feared that more could have happened. 

Judge O’Reilly said: “This man has to go to prison unless there is a compelling reason.” 

He said that as far as he was concerned, it was straightforward in that there were two gardaí in full uniform present, they are not armed and depended on the law to protect them.

Mr McGovern said that his client accepted the gravity of the situation and said the gardaí were merely trying to calm him down, which they had initially been able to do.

“Due to various things, he had lost the plot,” and it was not normal behaviour, he said.

In direct evidence, the defendant told the court that he had always got on well with the gardaí

“I have no problems with the guards,” he said.

He added that he had apologised for his actions, was ashamed at what he had done. He hadn’t wanted to be taken away from the house on the day, because of his fears of the health of a family member, at the location. 

Promising that he would never let this happen again, he said he was “embarrassed” and “never want to see the inside of this place again”

The judge pointed out that gardaí  were going out “to do their duty on behalf of the community and they are somebody’s children too”.  

Relating to the apology, the judge said McGrath could have made it easier for himself, if he had apologised at the time of the incident,

“The gardaí’s only protection is the court,” the judge said.

He said that he would accept the plea of assault on Garda Rogers, while assault charges on Garda Sheerin and Carey were withdrawn.  

Defendant was fined €800 on the remaining public order charge with 12 months to pay, with two others struck out.

On the assault of Garda Rogers, he was sentenced to six months in prison suspended for a period of two years on his own bond of €100. He was told to keep the peace and take an anger management course. 

On a separate charge of drink driving at West End, Magheracar, Bundoran on September 19, 2020, the court was told McGrath gave a  blood specimen of 202 mgs blood per 100 ml of alcohol. He was fined €200 and disqualified from driving for a period of three years. 

Judge O’Reily said that he would have had no mercy on the defendant had it not been for the fair and honourable evidence of the prosecuting garda and the mitigation offered by his solicitor.

Speaking of a community police force who police “by the will of the people”, he told the defendant, “you are extremely fortunate that you are not going to jail today.”