Prison for Enniscrone man who assaulted a garda

AN ENNISCRONE resident who had made “outrageous allegations” against a garda has been jailed for five months for assaulting that garda, at Sligo District Court.

Gerard Stokes from of Cahermore Holiday Home in Enniscrone pleaded not guilty to assaulting Garda Ronan O’Donnell on March 16, 2019, outside Enniscrone Garda Station and not having his dog on a leash.

This charge was struck out by the judge, along with a threatening, abusive or insulting behaviour charge. However, in jailing the defendant, Judge Kevin Kilrane said Stokes appeared to use the witness box to abuse prosecution witnesses.

He said: “The attack on gardaí is outrageous. He accused gardaí of everything under the sun, with no shred of evidence. “He insulted a garda who was doing his duty, and said the most horrible things and I’m satisfied it’s untrue, with no evidence produced.”

He said people could not see the defendant’s behaviour and no sentence given, “and gardaí are fair game, gardaí abused, assaulted.”

Garda Ronan O’Donnell told the court he was at the garda station when he heard someone “belting on the window”. He said he saw Stokes and the garda asked him to leave the area, but Stokes would not go away. The court was told by the garda he went outside a second time to direct him to leave the area and he said Stokes ‘came for me’ and that both men ended up on the ground “rolling on the street”.

The garda said he got his hands behind Stokes’s back and then Stokes’s dog went across the road off his leash and the garda went to get it. He said while doing this Stokes ran down the street and shouted, “sell him”.

He told the court when he later attended Stokes’s home the defendant was in his house recording the garda on his mobile phone.

“I was stuck with dog and then left the dog in Grange,” Garda O’Donnell said, and added that he came back to the house and told the defendant his dog was in a dog pound in Grange.

The garda said he got an abrasion to his hand and a cut to his upper lip.

He said Stokes had his dog, a black greyhound, on a leash but the leash went and the defendant then “came for me”. The garda said: “We were rolling on the street for a good while. The dog got away.” In cross examination, defending solicitor Hugh Sheridan asked the garda if he had an interaction with his client previously regarding a motor car. The gards said: “No. That’s a different garda but he [Stokes] seems to think it was me.” Mr Sheridan mentioned the car was sold without his client knowing.

He said: “He [Stokes] took interest in a car. He didn’t own it and it was destroyed.” Mr Sheridan put it to the Garda that he took a wallet with containing €180 from his client on the day in question and his mobile phone.

The garda said he was investigated by the Garda Ombudsman in relation to these claims but said no case was found.

Garda O’Donnell said the defendant had made numerous complaints about him since the garda came to Enniscrone and he told the court all of them had been dealt with. Mr Sheridan put it to him that he had previously escorted Stokes to Castlerea Prison and documents went missing.

“He said documents went missing. He said two coats were taken and I recorded him and sent it to people, they’ve [claims] been dealt with, no case was found,” said Garda O’Donnell.

Mr Sheridan said his client had not heard anything from the Garda Síochána Ombudsman Commission.

“He would say they were documents he had in court with him,” said Mr Sheridan.

“We escorted him from here to the prison gates. I had no contact with him really,” said the Garda.

At this point Mr Sheridan applied to have the case adjourned in order to see the GSOC results. “He’s had no contact from GSOC,” said Mr Sheridan.

Judge Kilrane said he would hear the case.

Sergeant Helen Cuddihy told the court she investigated the then alleged assault on Garda O’Donnell. The sergeant said she spoke with Stokes on May 9, 2019, and met him on the street.

She said she asked him if he would make a statement but he declined, stating he already made a statement to GSOC. “He said no [to making a statement], because we would only lose it [statement] or destroy it.”

Mr Sheridan asked the sergeant if she was aware of what happened his client’s dog and said it was apparently badly injured while in garda possession.

The sergeant said she was aware it was injured but could not say when the injury occurred.

Garda O’Donnell was recalled to the witness box and this question was put to him. “I got it into my possession, I then drove to Grange. The leash wasn’t great. He [person at the pound] put a chain and bar on its head and brought it into the pound. He did receive injuries,” said the garda.

The garda added: “I saw Gerard Stokes walking it up and down the beach after, so if it was put down it was a

considerable time afterwards.” Addressing the court before giving evidence, Gerard Stokes said he wanted the matter adjourned.

“The last four years of complaints were in an envelope. Garda O’Donnell ripped my pockets open, that scumbag brought me to jail,” said Stokes, before making a number of accusations at Garda O’Donnell. “There’s no point going through this if I don’t have my evidence. It’s all gone, he [Judge Kilrane] is going to send me to jail anyway,” said the defendant.

Mr Sheridan asked his client if he admitted attending the station on the day of the incident.

He said: “Yes, walking past.” Asked if he engaged the garda in conversation, Stokes said no, and that he walked past the station up to the shop. Stokes again claimed the Garda had taken evidence from him previously that he had in an envelope and made further claims that the Garda had pulled the dog leash, pulled him down and ripped his pockets, took his GoPro and iPhone. “This fella tells blatant lies. I did not put my hand on that man,” said Stokes.

Inspector Pat Harney said the defendant had launched an attack on an “exemplary member of An Garda Síochána”. In relation to the charge of the dog not being under control, the judge said he was not satisfied that was fully proven and said there is no evidence he did not have control of it before the incident took place.

“The garda came out and told him to leave, he didn’t leave under Section 8. It appears he may have let go of the dog and attacked the garda and both ended up on the ground. A number of people were around and it was embarrassing to see them rolling around,” the judge added.

He dismissed the charge in relation to the dog and also the public order charge.

The court was told Stokes had a number of previous convictions.

Mr Sheridan asked the judge not to send his client to prison, and said Stokes “looks at things slightly differently possibly to the rest of people”.

The solicitor said his client felt he was targeted by gardaí. “I think by this case coming to conclusion it might bring home to him that he must leave gardaí alone,” said Mr Sheridan. The solicitor asked for the case to be adjourned to see how Stokes behaves.

The judge described Stokes as “an unusual individual with a degree of contempt for court proceedings” but said that would not form part of his order in relation to sentencing. Stokes was convicted of the assault and given five months in prison.

Leave to appeal to the circuit court was granted.