A man who claimed he had been assaulted twice at a pub became so panicked when his assailant followed him home that he armed himself with a kitchen knife to protect himself, the Galway District Court heard this week.
However, after hearing the evidence Judge Mary Fahy said that the possession of a knife must be treated seriously and that if Martin O’Grady feared that someone had been following him he should have contacted the gardai. She then imposed a 12-month suspended sentence for possession of a knife.
The 30-year-old defendant with an address at 60 Ard Alainn, Ballybane, had also been charged with drink driving and driving without insurance at Dublin Road on January 23, 2010.
Inspector Ernie White told the court that on May 9, 2010, at 12.30am a fight was in progress at Ard Alainn estate. Gardai arrived to find two males in the midst of an argument and when the defendant was searched a kitchen knife was found to be in his posession. When questioned O’Grady immediately admitted to having the knife but maintained he had it to protect himself.
Defence solicitor Valerie Corcoran said that her client had been at a christening earlier and had been assaulted by a person while celebrating at a pub. When O’Grady left the pub to go home he was set apon by this same person and assaulted a second time. Ms Corcoran said that as O’Grady was walking home he was being followed by this person and the panic became so great by the time he got to his house that O’Grady went to the kitchen and took out the knife.
Ms Corcoran said that O’Grady had been on medication at the time for depression following the death of a close friend a few weeks previously. The court then heard that O’Grady, who has three previous convictions for public order offences, has been off alcohol for the past five months and has been seeking help to deal with his problems.
“Every court has to deal with the possession of knives in a very serious manner. It’s significant he went in and took the knife,” said Judge Fahy.
Ms Corcoran further explained that the other person involved had followed her client home and had been banging on the door.
Inspector White confirmed that O’Grady had not used the knife, that he had it placed in his back pocket, and had told the gardai he had it to protect himself.
After consideration Judge Fahy imposed the 12-month sentence for the knife possession but suspended it for 12 months on condition O’Grady enters into a bond of €600 to be of good behaviour. For the drink driving and driving without insurance charges he was fined a total of €1,100 and disqualified from driving for two years.
