Driver ‘swinging punches at Garda’
THE behaviour of a man who got out of his van and began swinging punches at an off-duty Garda was irrational and was bordering on the bizarre, Judge Kevin Kilrane stated at Sligo District Court.
Before the court was Kevin Kelly (45) of Second Sea Road who admitted assaulting Garda Colm Joseph Dolan at Wolfe Tone Street, on August 13, 2016. He was also charged with refusing to give a sample of blood or urine following his arrest for drunk driving.
Garda Dolan told the court that at 2.15pm he was driving his own car at Wolfe Tone Street when he saw a van driving close behind him. The driver was revving the engine and flashing his lights as if he wanted him to stop.
The garda pulled in, got out of his car and went back to the other vehicle. The defendant got out and began “swinging punches”.
The Garda pushed him away and called for assistance on his mobile. Kelly was unsteady on his feet and there was a strong smell of alcohol from him.
Garda Dolan said he was in uniform but did not have on his tie or epaulettes. He identified himself to the defendant with his badge.
“The defendant made attempts to get back in the van but I stopped him. A struggle ensued and I had to place him on the ground.
“Several members of the public standing around witnessed the incident which went on for about ten to fifteen minutes.”
Garda Dolan said the defendant was brought to the Sligo Garda Station following his arrest for drunk driving.
However, he would not give a breath specimen and when a doctor was called he also refused to give a blood or urine sample.
Kelly told the Gardaí that they’d said we would have to drag him to the doctor’s room.
Mr Gerard McGovern, solicitor (defending) said the incident was completely out of character for Kelly, a dad of three who came from a respectable background.
He said that the defendant had been in full time employment all his life but unfortunately that would now cease because of the disqualification from driving he was going to receive.
Mr McGovern said that the only reason he could think for why he had behaved like this was because he had been “diagnosed with something quite serious”.
Judge Kevin Kilrane said that it was difficult to know what had come over the defendant. His behaviour was irrational and bordered on the bizarre.
He also noted that the refusal to give a sample was in “pretty stark terms” in that he told the Gardaí they would have to drag him down to the doctor’s room.
The Judge fined Kelly €200 for assaulting Garda Dolan and €300 and banned him from driving for four years for refusing to give a sample.