A young Mayo student, who claimed that he had been attacked and left fearing for his life during a series of blows from Galway gardai, has succeeded in contesting the assault charge against him. However, he was convicted and fined a total of €800 this week for the serious obstruction of a garda and being intoxicated and for being extremely abusive.
Gardai told the Galway District Court during a hearing held recently that John McDaid had attempted to stop the arrest of his best friend and had resisted his own arrest by struggling. The violent behaviour continued at Galway Garda Station where, during a failed attempt to headbutt a garda, he fell face first on the ground resulting in a cut to the lip, and had spat blood at gardai. However, the Garda evidence was denied by the 22-year-old who, through his counsel, claimed that it was the gardai who assaulted him in a series of attacks which resulted in a number of injuries.
McDaid, of Treenagleragh, Kiltimagh, Co Mayo, pleaded guilty to obstruction at Eyre Square on September 15, 2009, but denied the charges of being intoxicated, using threatening and abusive behavior, and of assaulting Garda Brian Meaney at Galway Garda Station.
Garda Brian Meaney gave evidence that at 2.20am an altercation - not involving the defendant - had taken place outside Cuba nightclub and that when it broke up one male was seen walking away. Garda Meaney said that when he attempted to stop this individual McDaid intervened, struck Garda Meaney on the arm, and told the other male to run. He said that McDaid then tried to strike him with his fist a number of times before a struggle ensued and they both fell to the ground. The court heard that while on the ground the accused tried to headbutt Garda Meaney and shouted a number of threats. Garda John White then came to assist his colleague and they succeeded in handcuffing McDaid who continued to be extremely aggressive and violent and was placed in the back of the patrol van.
At Galway Garda Station McDaid tried to kick out at the two garda officers when the back doors of the van were opened. As McDaid was being escorted through the cell area doors he turned and tried to headbutt Garda Meaney again, however, he missed and he slipped before “falling face first on the ground”. Blood had filled McDaid’s mouth from a cut to a lip sustained in the fall and Garda Meaney said that the accused tried to spit the blood in his face.
Under cross-examination by defence barrister John O’Donnell, Garda Meaney remained adamant that the cut on McDaid’s lip had been caused in the fall in the cell area and that there had been no evidence of blood before that. Garda Meaney also said that he had been unaware of any other injuries.
Mr O’Donnell then said that when his client was taken out of the van he had been attacked by Garda Meaney and Garda White to such an extent that he lost consciousness. Garda Meaney replied that this was incorrect.
Giving evidence Garda White said that when the patrol van doors were opened they were “met by a flying type of kick” and he agreed with his colleague’s evidence that McDaid had lashed out with his head in the cell area of the station, that he had landed on his face, and had twice tried to spit blood in Garda Meaney’s face. He then denied that he or Garda Meaney hit or attacked McDaid in any way, adding that the accused was only restrained because he was so violent.
When he took the stand McDaid admitted that he had tried to free his friend in Eyre Square but denied ever trying to punch Garda Meaney. He then said that when he was taken out of the van the garda officers “started hitting and kicking me”. “It was pretty much a nightmare for me, I was scared for my life to be honest,” said McDaid, who added that he only had four drinks that night.
After hearing the evidence Judge Mary Fahy requested a copy of the medical report and adjourned the matter in order to consider the case further.
When the case resumed last Monday, Judge Fahy dismissed the assualt charge on the grounds that the defendant had been restrained and that the attempt to spit was a “technical” assault. “I don’t think it goes far enough to convict him of assault,” she added.
However Judge Fahy did convict McDaid of the remaining charges fining him €600 for the obstruction adding that it was serious, and €100 each for being intoxicated and for threatening and abusive behaviour.
