Man who attacked garda without warning is deemed unfit to plead

A BLACKWATER man who attacked a garda out of the blue and without warning was unfit plead in response to an assault charge.

Sean O’Leary (28) from Ballinaclash, Blackwater, attended the Circuit Court in Wexford accompanied by his mother, Margaret.

They heard a review of the events which led to the charge of assault causing harm to Garda Michael Fitzpatrick.

The court learned that the accused had been assessed by Doctor Breda Wright of the Central Mental Hospital in Dublin.

She had recommended that he should be treated at the department of psychiatry in Waterford University Hospital and she did not offer him a bed at the CMH.

The defence team was led by veteran barrister John Peart who made a little piece of legal history at the hearing.

Judge Cormac Quinn reckoned that Mr Peart was the first counsel to appear by video link in a criminal case at the Circuit Court.

The barrister’s face appeared on screens around the courtroom, making contributions from his home in Dublin, with files and a collection of model cars visible in the background.

The judge also had the benefit of a summary of what occurred on May 23 in 2018 from Sergeant Ray Heffernan.

On the morning in question, the parents of Sean O’Leary contacted the gardaí as they were concerned that their son was acting erratically.

When Garda Fitzpatrick arrived at the family home, the accused was not present as he had left the house, headed for Blackwater.

However, the patrol car caught up with him in the townland of Inch on a narrow country road, walking towards the village with his dog.

He was clearly unwell, engaged in a loud conversation with himself which made no sense.

He lashed out unexpectedly when approached and Garda Fitzpatrick found himself punched in the face and then bitten on the arm.

Pepper spray had no obvious effect on O’Leary and the garda was eventually rescued by a local farmer. The court was told that the man named in the assault proceedings had since been repeatedly admitted to hospital and that he remained unwell.

Judge Quinn adjourned the case to March 24 in order to find out whether treatment could be arranged in Waterford.