The Chief (Pat O'Donnell) gets six months suspended sentence for assault on Garda

national | crime and justice | news report

Thursday February 19, 2009 00:35

by Nostradamus

Father and son, Patrick and Jonathan Porturlin Shore, Ballina; and Enda Carey, also of Porturlin,given a six-month suspended prison sentence for assaulting a garda

Father and son, Patrick and Jonathan O'Donnell, Porturlin Shore, Ballina; and Enda Carey, also of Porturlin, appeared before Castlebar Circuit Court to appeal a three-month prison sentence imposed at Belmullet District Court.

THREE North Mayo men have been given a six-month suspended prison sentence for assaulting a garda during a Shell to Sea protest two years ago. Father and son, Patrick and Jonathan O'Donnell, Porturlin Shore, Ballina; and Enda Carey, also of Porturlin, appeared before Castlebar Circuit Court to appeal a three-month prison sentence imposed at Belmullet District Court. Evidence was heard at a previous court sitting when Judge Raymond Groarke heard evidence of charges of assault causing harm to Sgt Donal Glennon and obstruction of a peace officer. At the conclusion of the appeal Judge Groake dismissed a charge of assault against Jonathan O’Donnell in relation to an alleged incident involving Gda Barry Byrne. However, he found the three men guilty of assault but not of the more serious charge of assault causing harm. The judge was also satisfied that the men, along with every other protestor, were guilty of obstruction.

At the most recent court sitting, Mr Francis Comerford, BL (on behalf of the State) said the Director of Public Prosecutions found that the form of the summons would not allow the charge of assault causing harm to be reduced to assault. Therefore, no decision was made in relation to the assault charge. Sentencing the three on the charge of obstruction of a peace officer, Judge Groarke said he was not entitled to have a view of the protest. He did, however, have a view that a garda should not be obstructed while carrying out the law.

The garda puts his body on the line to uphold the law and he/she must be protected. The judge said he had no view on the motivation behind the incident although the evidence would suggest that Carey and Jonathan O’Donnell were “having a bit of fun” on the day.

However, they were both adults and “knew what the story was”. Judge Groarke fined the three defendants €500 each and sentenced them to six months imprisonment, suspended on condition they enter a bond to keep the peace for two years.