Judge Sean MacBride

Ballyjamesduff man attempted to bite garda

A 26-year-old Ballyjamesduff who attacked a garda sergeant and tried to bite a garda while he was being arrested was handed a suspended prison sentence when he pleaded guilty to the offences at a sitting of Virginia District Court. Shane Bates of Clonkeefy, Ballyjamesduff, was given a six-month suspended sentence for resisting Sergeant Tom Murray in the course of his duty at Lakeside Manor Hotel, car park, Burrenrea, Virginia, on June 27. He was also ordered to pay sergeant Murray €1,000. The defendant was given a concurrent four-month suspended sentence for assaulting Garda James Traynor on the same occasion. Bates was also ordered to complete 80 hours of community service in lieu of two months for using or engaging in threatening, abusive or insulting behaviour on the same date. Inspector Ray McMahon said at 2.40am the defendant was involved in a fracas outside the Lakeside Manor Hotel. Gardaí stepped in to quell the situation and the defendant became agitated. He struck out and hit Sergeant Murray in the face and forearm. While he was arrested he attempted to bite Garda Traynor but was unsuccessful. He had no previous convictions for public order. Mr. Adrian kelly, solicitor defending, said his client had been at a friend's birthday party and had too much to drink. He had since given it up. The defendant had nothing previous for anything like this. He was apologetic and had €400 in court. Sergeant Murray said he had no previous dealing with the defendant. He tried and bite garda Traynor but didn't. In evidence the defendant said there would not be a repeat of that type of behaviour. He drank too much on the night and had since given it up. Witness was sorry for what happened and he apologised for his behaviour. Judge Sean MacBride said he was directing that €1000 be paid to Sergeant Murray. "This is absolutely disgraceful behaviour." He would normally send someone away for an assault on a member of the garda. However, the defendant has shown remorse and apologised so he was imposing a suspended sentence.