Judge unimpressed by late atonement
44-YEAR-OLD FATHER PUSHED FEMALE GARDA DURING ASSAULT
A 44-year-old father of two who pushed a guard, causing her to fracture one of her fingers when she fell to the ground, has been described as a ‘small, little man’ by a judge.
Thomas Lovell, 20 Woodhill, Newry, Co. Down, pleaded guilty to a charge of assault causing harm when he appeared before the district court last week.
He had €1,000 compensation with him and was directed to give that money to the officer before the case was adjourned to 10 February next for a probation report.
The offence occurred in Earl Street, Dundalk more than three years ago.
Inspector John Boyle presented evidence that at 8.45pm on 4 February, 2017, gardaí were dealing with two men who had been behaving aggressively.
A guard was attempting to deal with one of them, Lovell, when he ran from the scene. The officer caught up with him. He pushed her to get away. She fell and injured her finger.
She again caught up with the accused. When he refused to desist, he was pepper-sprayed.
Inspector Boyle added his colleague made a full recovery and got an apology from the defendant the day before the hearing.
‘On the day before the day of reckoning,’ Judge Miriam Walsh remarked.
Barrister Stephen Faulkner said his client was fortunate the matter stayed in the district court.
He was fearful of the consequences of his actions. He had provided flowers and a note of apology to the guard.
‘He was coming over all warm and fuzzy,’ the judge interjected.
Mr Faulkner continued Lovell’s partner had taken her own life. He was the father of two children and was in receipt of lone parent’s allowance.
He was hugely remorseful and apologised unreservedly. This had been hanging over him and causing him annoyance about the potential outcome.
The defendant was willing to do community service, Mr Faulkner said.
On this occasion he was ‘ highly intoxicated’ and he couldn’t overly recall events.
‘What a small, little man you are,’ the judge said, addressing the accused, ‘ to assault someone, more particular a woman and more particular a guard in the course of her duty.
‘How dare any man lay a finger on a woman or anyone else for that matter. These were the actions of a thug.’
Judge Walsh said what happened was ‘despicable’ and she was ‘absolutely appalled’.
Regarding his ‘atonement gesture the day before court’, she wondered did he forget the chocolates.
The case was put back to 10 February, 2021 for finalisation.