Kilkenny Courthouse
A man who was found guilty of violent disorder and not guilty of assault causing harm before a jury earlier this year was sentenced at Kilkenny Circuit Court.
James Reith, Fookswood, Johnstown Kilkenny was convicted of violent disorder at Rose Inn Street, Kilkenny at Kilkenny Circuit Court in February
At the sentencing hearing, in July, the court heard that a number of off duty gardaí from garda stations in Waterford and Cork were attending a Christmas party in Kilkenny on the night of December 7, 2019 in a personal capacity.
Sergeant Jason Crotty told the court that in the early hours of December 8 gardaí in Kilkenny city centre were approached by an off duty garda and other off duty gardaí who reported a violent interaction which resulted in one of the group sustaining injuries.
Kilkenny gardaí were on patrol in RoseInn Street and spoke to the off duty gardaí who reported that there had been a violent interaction involving another group of men and indicated that this group was still present in the area. Three off-duty gardaí, including the injured off-duty garda, gave statements and the injured garda received medical treatment.
The investigating gardaí canvassed the area for CCTV and created a storyboard montage which showed the off duty gardaí leaving Matt the Miller’s and going over John’s Bridge and onto RoseInn Street.
On the CCTV footage James Reith can be seen running at high speed towards the off-duty gardaí and the CCTV also shows altercations between the two groups and showed James Reith ‘being extremely aggressive’.
Sgt Crotty outlined to the court how the injured party sustained ‘significant injuries’ during the altercation. Mr Reith was found not guilty of assault by a jury earlier this year.
During the trial CCTV showed James Reith and another person, who was not identified. The defendant was identified because gardaí encountered him later in the night and were able to identify him from the CCTV footage.
At 3.45pm on December 8, 2019 the injured party attended at Waterford University Hospital with an eye injury and reported that he had pain in his right eye and also had difficulty opening his right eye. A medical report stated that the injuries caused to the eye, including bruising to the retina, were ‘potentially very serious to the eye’ and added that the injured party had ‘recovered well’.
On the night in question James Reith was part of a group of four to five men and there was an interaction between them and the off duty gardaí, resulted in two off-duty gardaí being assaulted.
The court also heard that during the trial Mr Reith had been described as ‘a peacemaker’ during the incident.
Defence barrister, Sarah Jane Comerford said that on the night in question there was an altercation between another male and the off duty garda at the junction of Kieran Street and Rose Inn Street and that James Reith was not present at this point.
“He can be seen running up on the CCTV,” she said adding that her client can also be seen on CCTV trying to restrain another man involved in the altercation.”
Ms Comerford also told the court that her client has not come to garda attention since the incident and has no previous convictions.
“He is 33 and has completed a Level 8 degree in Strength and Conditioning,” she said adding that Mr Reith is an engagement coach.
“He understands that his behaviour on the night in question would have put people in fear,” she said adding that her client can also be ‘clearly seen on CCTV pulling back one of the more aggressive members of the group’.
“He is very apologetic for his behaviour. His actions although in good faith were a bad choice and he demonstrated a serious lapse in judgement,” said Ms Comerford.
On the night in question Mr Reith who is a sports coach and a community first responder, was on a night out with members of a kickboxing club.
A probation report handed into the court stated that he is at a low risk of reoffending.
Judge Cormac Quinn said that the defendant was part of a group of people who ‘could be seen running at great speed’ towards the off-duty gardaí on the night in question. The judge also remarked that the off-duty gardaí should be commended for restraint in the face of the severe provocation and hostility, had they reacted a much more serious situation would have transpired.
The judge imposed a three-year sentence which he suspended fully on condition that the defendant keep the peace and be of good behaviour.
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