Five-month prison sentence for assault on Kilkenny garda

A five-month prison sentence was handed down to a defendant who was convicted of assaulting a garda at a recent sitting of Kilkenny District Court.

William Fitzgerald of no fixed abode was convicted of being intoxicated in a public place and of engaging in threatening, insulting or abusive behaviour at Lover’s Lane, Kilkenny on June 23, 2024.

Garda Mark McGrath gave evidence that he was on duty at 2pm on June 23, 2024 when gardaí received a report of a man lying on the road in an intoxicated state and refusing to move. Gardaí attended the scene and observed the defendant on the grass beside the footpath.

“He was lying on his knees with his backside in the air and he was highly intoxicated,” the garda told the court.

“There was a beer can by his side and he was using threatening language and telling the gardaí to f**k off. He was arrested and put in the patrol van and he was kicking and punching on the door of the vehicle on the way to Kilkenny Garda Station,” he said adding that at the garda station the defendant had called a garda ‘a smelly pig’.

The court heard that the defendant was brought down to the cells for his own safety and for the safety of gardaí and that he refused to enter the cell by hanging onto the door.

“When he was inside the cell he swung his body around and struck a garda on the back of the head with a closed fist.”

The court heard that the garda was hit once, did not sustain any injuries and did not require any medical attention.
Solicitor Chris Hogan said that his client had instructed him that he had been into the cell and pinned against the wall by the neck and said that he would strike a garda if he did not let him go.

The defendant was remanded in custody since June 24 on these matters and that DPP’s directions were received in July. Mr Hogan told the court that he had sought full disclosure including CCTV footage from the garda van, coming into the station, custody area and a cell area and this had not been disclosed.

The court heard that there was no CCTV of the cell area where the alleged assault took place.

Garda Niamh Doran gave evidence that she was on duty with Gda McGrath and observed the defendant with his legs in the air in an intoxicated state at Lover’s Lane on the date in question. The garda also said she saw the defendant lash out at Gda Mc Grath in the cell area and connect with his face.

“He was using threatening language and said we were b**tards and that we were going to shoot him,” she said adding that the defendant would not comply with any direction given to him by gardaí.

The court heard that the defendant has 156 previous convictions.

Mr Hogan said that his clients has some intoxicant difficulties and has secured a place in a treatment centre but needs to reduce his methadone first. Judge Geraldine Carthy convicted the defendant and imposed a five month sentence which was backdated to June 24 when the defendant when into custody.