Man claims leg spasms caused him to hit garda

AS­SAULT CASE BACK PAIN EX­CUSE FAILS TO CON­VINCE JUDGE

Bray People - - Bray People -

A MAN WHO said that his back pain was such that his legs went from un­der him failed to con­vince Judge Mur­rough Con­nel­lan that his was his rea­son for as­sault­ing a garda.

Ai­dan O’Neill punched Garda Martin Egan at the scene of an ac­ci­dent in the Rath­down Park area of Grey­stones.

Garda Egan told the court that the ac­cused was drunk and walk­ing way from the scene.

He said that he be­came ag­gres­sive and dis­mis­sive. ‘I started writ­ing in my note­book and he struck me with his left fist. I stum­bled back­wards,’ said Garda Egan.

O’Neill ap­peared at Bray District Court last Thurs­day charged with re­fus­ing to state if he was driv­ing, fail­ing to give a spec­i­men, and as­sault.

O’Neil told the court that he was in ex­treme pain, suf­fer­ing from three col­lapsed discs in his back press­ing on his sci­atic nerve.

He claimed that a spasm in his leg cause him to fall for­ward and grab the garda.

He said that he was on 16 tablets a day at that time, in­clud­ing a num­ber of painkillers.

‘It’s with me for life,’ he said. ‘It can throw me for­ward. There has been no­body around when I’ve hit a wall or the floor. There was no in­tent what­so­ever to hit the garda but I knew what the pre­sump­tion would have been.’

Judge Con­nel­lan asked the ac­cused why, if he re­alised what the garda would think, he did not apol­o­gise im­me­di­ately and ex­plain that it had been an ac­ci­dent.

‘Be­cause at that time there were two gar­daí on my back,’ he said. ‘I apol­o­gised to him the next morn­ing.’

Judge Con­nel­lan said that O’Neill had be­come ag­gres­sive and dis­mis­sive, had re­fused at first to give his name. ‘I can only come to the con­clu­sion that there was an el­e­ment of at­tempt,’ he said.

O’Neill was fined €200 for fail­ing to state if he had been driv­ing, € 250 for fail­ing to give a spec­i­men, and banned from driv­ing for four years.

He was bound to the peace for one year for the charge of as­sault.

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