Kells man who spat at Garda gets suspended sentence

A Kells man who pleaded guilty to spitting into the faces of two gardai has a nine-month sentence hanging over him should he re-offend. 'It is not the judge who will be sentencing you; you"ll be sentencing yourself,' was the warning Judge Kevin Kilraine gave to Stephen Hilliard (36), 14 Maudlin Street, Kells as he handed down the sentence in prison with the order that a warrant not issue provided the defendant commit no public order, assault, indictable, criminal damage or drink-related offence in the next year. The defendant was before Bailieboro District Court last Friday for breach of the peace at 7 Woodview, Bailieboro on December 18 last year, and a number of other offences at Woodview on the same date: being intoxicated in a public place; engaging in threatening, abusive or insulting behaviour or words; assaulting Sergeant Thomas Murray and assaulting Garda Gary Lee. The court heard that gardai were called to the home of Fiona McPhillips and her mother and they arrived to find the defendant in an intoxicated state. He was abusive, 'threatening to kill us etc', according to garda evidence. Asked to leave, the defendant refused and after being placed in the patrol car, spat into the faces of Sergeant Murray and Garda Lee en route to the garda station. The defendant rang to apologise a number of days later, Judge Kilraine was told when he enquired about his attitude when he had sobered up. Representing Mr. Hilliard, who had 22 previous convictions including assaults, public order, breach of barring orders, drink-driving and possession of knives, solicitor Adrian Kelly said his client had 'deep-seated difficulties'. Handing in documents to the judge, Mr. Kelly said there were relevant matters that wouldn"t be appropriate for discussion in open court. Imposing fines of €100 and €200 on the public order offences, Judge Kilraine made his order regarding the nine-month sentence being imposed if the defendant re-offends over the next year. Calling Mr. Hilliard to the witness stand, the judge described the defendant"s behaviour as 'unrestrained violence, aggression and downright villainy', adding that he didn"t care what problems he had in the past as he had plenty of time to address them. 'There comes a stage in everyone"s life when they have to take responsibility irrespective of what happened in the past,' said Judge Kilraine to the defendant. 'If you are guilty of an offence, it is not the judge who will be sentencing you; you"ll be sentencing yourself... Don"t be blaming the system, your past, the guards or anyone.' Apologised The defendant apologised to the court and said he was receiving help. 'I"m thinking of my kids now,' he said, to which the judge advised that in looking after himself, he would help his children.