PunchedGarda

Two men who punched a Garda and ripped his bullet- proof vest in Connaughton Road Car Park last year have claimed they did so because their drinks were spiked.

Garda Derek Healy was punched in the face by Johnny McGinley ( 27) and had his stab vest ripped by Teague McGinley ( 35) after he was called to a disturbance in the car park on May 22nd 2016.

Johnny McGinley pleaded guilty to assaulting Garda Healy and to being drunk and abusive on the night in question.

Inspector Donal Sweeney told the court that when Garda Healy arrived at the scene both men were “shouting and acting aggressively towards one another.”

He alleged Johnny McGinley struck Garda Healy a number of times with a closed fist to his head, causing him to suffer injuries to his lip and face. He added that there had not been any apology made that he was aware of.

He said Teague McGinley “started pulling out of Garda Healy and ripped his bullet- proof vest.

Inspector Sweeney told the Judge both men have previous convictions for Public Order and Assault.

Defence Barrister Mr Pat O’Sullivan BL, told Judge Kilrane there were “exceptional extraordinary mitigating factors”.

“The two McGinleys were having a causal drink in the car park. They didn’t consume a lot, that wouldn’t explain their behaviour. Their alcohol was spiked by some person,” he told Judge Kilrane, admitting that they had no proof of this.

He said Johnny McGinley, who had no job and was on Social Welfare, had ¤ 2,000 in court to offer Garda Healy.

He added that neither men had any memory of the incident.

“Their mother informed them the next day and they couldn’t understand why they would have done that,” he said.

Mr O’Sullivan also pointed out that Teague McGinley had ¤ 200 in court to repay the damage to the stab vest.

Judge Kilrane rejected this defence however, saying that there was “no evidence of that at all.”

“They’ve been convicted of assault before. I have to take that ( defence) with a degree of suspicion. Their drinks were spiked alright, spiked with more alcohol and that’s the only spike,” he said.

He convicted both men and in sentencing Johnny McGinley said “there are only so many chances a person can get and he’s run out of chances.”