Drugs search led to Garda assault

A 23 year old man has been ordered to pay a Garda whom he assaulted on St Patrick’s night last year, €3,000 in compensation.

Garda Sean Campbell was elbowed and punched by Alan Caffrey of Fortland, Easkey at the village’s Main Street.

The Garda was knocked to the ground by the blows resulting in his banging his chin and chipping his teeth.

Caffrey appeared before Sligo Circuit Court where he pleaded guilty to assault causing harm to the Garda, to obstructing him under the Drugs Act and to possession of a small quantity of cocaine.

The Garda had approached Caffrey to search him under the Misuse of Drugs Act after he spotted him and another man arguing.

Caffrey was agitated and nervous and chewing on his lip and his eyes were bloodshot.

Sergeant Helen Cuddy told the court that the defendant tried to take off and Garda Campbell went after him. Caffey struck the garda with his elbow in the face twice and both ended up on the ground.

Garda Campbell banged his head off the ground and Garda Helen Cusack got out of the patrol car to help Garda Campbell.

The defendant was arrested, handcuffed and brought to Ballymore Garda Station. He made admissions later, but did not have a great recollection of the events, the court heard.

Sergeant Cuddy said the defendant was an only child who worked in Ballina. Garda Campbell had incurred €5,000 in medical expenses.

Surgery on his nose was the biggest cost and the remainder was for dental treatment.

Mr Michael Bowman SC with Mr Keith OGrady BL instructed by Ms Laura Spellman told the court the defendant was deeply remorseful and that it had been a moment of madness and one of gross stupidity. He had brought shame on himself.

Caffrey had €3,000 in court for the victim. Judge Frances Comerford (pictured) said it was a very serious offence for a first offence for the defendant.

It was an assault on serving member of An Garda Siochana conducted to prevent his carrying out of his duty to apprehend someone who was engaged in illegal activity.

The Judge said it was a significant aggravating factor that the Garda was carrying out his duty when he was assaulted and was done to obstruct the investigation of a crime. The Judge said he accepted it was an attempt to escape by the defendant and was not pre-meditated and arose out of the spur of the moment. It was a reactive offence. It was two blows, a struggle and a bang of the head off the ground, said the Judge resulting in two chipped teeth and an operation on the Garda’s nose.

Judge Comerford noted the guilty plea and stated that a probation report showed the defendant had insight. There was also no previous convictions.

The Garda, added the Judge, was rightly offended by the assault which occurred on him and also that no apology had been forthcoming which he was accepting was on the advice of lawyers. The Judge said he would impose an 18 month jail term, suspended in full if the defendant paid a further €3,000 to his victim in instalments by November 1st 2019.

Judge Comerford said it was better in the long run that the defendant remained a productive member of society. The case was adjourned to November 5 th next year for finalisation.