EX-SENATOR GIVEN 3MTHS IN JAIL FOR ASSAULTING GARDAI
A FORMER Labour senator who kicked and spat at gardai at a music festival has been jailed for three months.
A judge said James Heffernan, 39, from Co Limerick, was in “complete blanket denial” of his “Doctor Jekyll and Mr Hyde” behaviour.
He added the accused blamed everyone but himself for assaulting three officers in 2016.
Judge Brian Sheridan said Heffernan had shown huge promise in life but for reasons linked to addiction he had “fallen from grace”.
He added: “It’s a sad situation. I think the whole case is denoted by a total denial by the defendant of the situation.
“The reality of what happened, I feel, was the defendant was economic with the truth. One would have expected some form of remorse.”
Judge Sheridan said Heffernan believed he was the victim despite the evidence of gardai and a witness.
The accused’s barrister said her client had been a “very active contributing member of society” until his career trajectory and personal life “fell off a cliff.”
She said the primary school teacher had issues with his mental health and had been self-medicating with marijuana.
The lawyer added Heffernan had gone from having a promising life to one of “utter destitution.”
It was claimed his family are attempting to support him and he is pursuing further education.
During an earlier hearing at Fermoy District Court, Heffernan was convicted of two common assault charges and one of assault causing harm to gardai after he was arrested on July 31.
The accused denied he attacked gardai after he was allegedly ejected from the Indiependence Music Festival in Mitchelstown, Co Cork. He insisted any suggestion he was “kung fu kicking a guard in the back” was completely false.
Officers told the court Heffernan was drunk outside the venue and was seen knocking over security barriers.
It was claimed gardai had to take him into custody at Fermoy Garda station for his own safety and he was a “social danger.”
Det Garda Gerry Murphy said as they attempted to put Heffernan in a van he kicked Sgt Ger Quinn.
He also spat at now retired Det Garda Jim Fitzpatrick twice.
When they got to the station following his arrest, Heffernan was aggressive and unco-operative.
Gda Murphy said the accused, from Ballinlyna, Kilfinane, refused to take off his shoes. When they were being taken off he kicked Garda Trevor Sheehan on the mouth causing it to bleed.
In his evidence, Heffernan said he was frustrated by the decision of gardai to remove a Miraculous Medal from his neck while in custody.
But he insisted the mood “was jovial and jocular” and they spoke about “garda pay and conditions.”
The court heard he told gardai they were “sound as trouts”.
Heffernan said he had drank whiskey and a few cans but gardai claimed he told them he had taken “a whole heap of porter, whiskey and gin”.
At a previous hearing of the court, Heffernan was convicted of two charges of careless driving at Coolnave, Mitchelstown on August 1, 2016, and fined €400.
Judge Sheridan also found him guilty of being over the drinkdrive on the Limerick Road in Mitchelstown on the same date.
In January, Sheridan disqualified Heffernan from the road for three years and fined him €500.
COURT YESTERDAY
The whole case is denoted by a total denial by the accused JUDGE BRIAN SHERIDAN