Two men have received suspended prison sentences for their roles in a group attack on a garda during which the garda’s nose was broken.
Dublin Circuit Criminal Court heard that on September 24th, 2018, Clayton Mulhall (23) and Daryl Donnery (21) were part of a group of youths who stopped a pedal cycle garda on patrol from getting down a laneway to pursue a suspected drug dealer.
Garda Sandip Shrestha directed the youths to move out of his way and let him through, Garda Sergeant Vincent Campbell told prosecuting counsel Rónán Prendergast BL at the hearing on Tuesday.
The court heard the youths looked aggressive and "ready for a fight". One of the youths was holding a small dog with a leash and he handed this to Donnery who was moving around the outside of the group.
Mulhall then made a wide swing with his arm and landed a punch to the side of the garda's face. The group then continued landing punches on the victim.
Gda Shrestha took out his pepper spray and the youths ran off. The garda later said that he was determined to catch one of the group and he managed to spray Donnery.
Donnery was crying out in pain and ran into a nearby barber shop. Gda Shrestha pursued him and saw him holding what he suspected was a wrap of MDMA in his hand.
Donnery, of Island Key, East Wall, Dublin, later pleaded guilty to possession of MDMA and committing violent disorder at Shelmalier Road, East Wall. He pleaded not guilty to assault causing harm to the garda and the jury acquitted him of this offence.
Mulhall, of Church Road, East Wall, Dublin, pleaded guilty to violent disorder and to assault causing harm to Gda Shrestha.
Passerby
The court heard that a passerby who came across the incident went to help the garda. When this "good Samaritan" got off his bike to go to the garda's aid, Mulhall grabbed the man's bike and made off with it, Det Sgt Campbell said.
The court heard Gda Shrestha suffered a fracture to his nose and swelling and bruising to his face. He said he experienced migraines and issues with sleeping.
Judge Pauline Codd said that fact that the victim was in garda uniform marked the attack as particularly serious.
Rebecca Smith BL, defending Mulhall, told Judge Codd that he was a teenager at the time and he later expressed remorse for his actions. His eight previous convictions are mainly for breaches of the peace.
Judge Codd suspended a prison term of three and a half years on condition that he engage with the Probation Service, remain drug free and come up with €800 to be given to the passerby whose bike he stole. The court heard that Mulhall abandoned the bike shortly after stealing it and the bike was never retrieved.
Michael Hourigan BL, defending Donnery, told the court that his client has the support of his partner and mother. Sgt Campbell accepted a submission that Donnery is no longer associating with the other youths who were involved in this incident.
Judge Codd said she was taking into consideration the fact that Donnery was a juvenile at the time. She noted that he has displayed remorse and empathy and that he suffered a significant trauma with the death of his brother a few years ago.
She suspended a four-year prison term on condition that he remain under Probation Service supervision for two years.
She warned both defendants that if they came before her again they were in danger of going to prison.
