A 30-year-old father of three has been sentenced to two months imprisonment for assaulting two gardai as he celebrated his birthday at Dillon's Hotel, Letterkenny recently.
Vincent Doherty of 14 Ardglass, Letterkenny was in Dillons Hotel on 16th February celebrating his birthday with his friend Martin McGuire of 6 Port Road, Letterkenny.
Garda Geraghty told the Court he was called to a disturbance in Dillon's Hotel, Main Street, Letterkenny at approximately 11.30pm. As he entered the premises he observed McGuire in an agitated state. As soon as McGuire saw the gardai he stripped to his waist. He was subsequently arrested for causing a breach of the peace.
Garda Geraghty added that McGuire's friend Vincent Doherty then "foolishly" got involved and a struggle ensued between gardai and the two men. Doherty was arrested and he started kicking and punching out at Garda Geraghty and Garda Carey. He was taken to the station where, according to Garda Geraghty he was "generally well behaved".
In response to Judge Zaidan, Garda Geraghty confirmed that he was in full uniform and the injuries sustained from Doherty were mainly kicks to his shins which hurt at the time but were not overly serious. He added that Garda Carey got "a box to her shin and punch on her arm" from Doherty.
The Court heard that Doherty had previous convictions for possession of a firearm in 2003 and for refusing a breath specimen.
Solicitor, Mr Michael Shiel said the two men had been celebrating Doherty's birthday. They had too much drink taken and started "acting the clown". This was brought to the attention of staff and Mr Shiel added that the two men were simply making a show of themselves. He added also that McGuire had not taken his shirt off because he saw gardai.
In relation to Doherty, Mr Shiel said that he had "foolishly" became involved as a peacemaker between gardai and McGuire. In hindsight it was not the "wisest of ideas".
Mr Shiel said that if Doherty had no drink taken the incident would never have happened but said there was no excuse for kicking out at gardai. Mr Shiel stated also that "to be fair to the gardai they have not made a meal out of the injuries they sustained". He said he was instructed to apologise to both gardai as neither Doherty or McGuire remember much about the night. Mr Shiel added: "In sober minds this would never have happened."
The court heard that McGuire is a 33-year-old single man with no previous convictions.
Doherty is 30 years old and single. He helps to provide, however, for his three children.
He had been employed by a local bakery but they moved their operations to Sligo and since then he has been unemployed.
Judge Zaidan bound McGuire to keep the peace for two years.
Doherty, however, he stated he was more concerned with.
"I take a very dim view of any individual who assaults gardai and more-so who assault them in the course of duty."
He had taken on board the words of Mr Shiel and added that the maximum sentence he could impose would be six months.
Judge Zaidan stated further:
"I am mindful of the fact the gardai are not making a meal out of their injuries. But the very fact that Vincent Doherty raised a finger to officers of the law in the course of their duty means that I must impose an immediate custodial sentence. That's it. Full-stop."
For the assault on Garda Geraghty, Doherty was sentenced to two months in prison. For the assault on Garda Carey, he also received a two month custodial sentence to run concurrently. All other matters were taken into consideration. In the event of an appeal, Doherty is to lodge the sum of ¤500 in his own bond and an independent surety of ¤2000.
