A man who U-turned at a checkpoint but turned down a cul-de-sac in the attempted getaway, then kicked a garda when being restrained and refused to give his details or a sample in the station, before urinating in his cell, was sentenced to five months in prison and fined €2,500 in the District Court in Athlone this week (May 25 ).
Fergal O’Rourke (58 ), of Mullaghcloe, Ballymore, Co Westmeath was also criticised by Judge Seamus Hughes for dragging the case out over almost two years, three legal firms and 17 separate adjournments whilst on legal aid, and he pointed out: “If you’d took your medicine on July 15, 2009 you’d nearly be here today seeking your licence back, but instead you procrastinated and vacillated”.
The court heard how gardaí manning a checkpoint in Ballymore on the evening of July 12, 2009 had observed O’Rourke performing a U-turn when he saw them, and when pursued, parked in a cul-de-sac. He then ran back towards the gardaí, kicked Garda Joanne McGhee, and was in turn struck three times by the baton of her colleague in an effort to restrain him.
“He was violent and obstreperous when handcuffed, and when brought to the station he refused to give gardaí any personal details. He later urinated against his cell door, and refused to give a sample,” Inspector Aidan Minnock explained.
The inspector also revealed O’Rourke’s previous convictions for driving whilst uninsured in 2006, and drink driving in 2002.
O’Rourke was represented by a Dublin 4 firm, O’Neill Clifford solicitors, who instructed barrister Niall Dodd to argue his case.
Mr Dodd told the court how his client was a small farmer who had left school early, had two young children, and was farming root vegetables.
“That’s all very interesting, but what I want to know is why a mature man lashes out and kicks a garda,” said the judge.
“It may have been a lapse in communication,” said Mr Dodds.
“How did your client miscommunicate in the station?” enquired Judge Hughes.
“I see no suggestion of remorse or apology for the foolishness he undertook. Why did you kick Garda McGhee?”
O’Rourke claimed this was “an accident” as his legs came up when he was forced to the ground.
Mr Dodds asked the judge to give his client a community service order as his client was “now pleading guilty”.
“Finally,” said the judge.
“After he was caught red-handed, did a runner, and had to be restrained. I’m giving him no discount in this case,” said a thoroughly unimpressed Judge Hughes.
“How dare you kick out at gardaí. You tried to fight your way out and you were lucky you weren’t pepper-sprayed,” said the judge, before banning O’Rourke from driving for seven years, fining him €2,500, and jailing him for five months.
Bail was set at €1,000, with an independent surety of €2,500, all of which must be paid in cash, and approved by the court. O’Rourke was remanded in custody until this money could be raised for an appeal.
