A young man was tackled to the ground by a quick thinking garda who then gave immediate medical assistance to the victim who was left bleeding from the face after being kicked twice in the head.
Twenty-year-old Declan Bindon of 33 Coill Clocha, Oranmore, appeared at Galway District Court last Monday where he received a six month suspended sentence for the incident at Abbeygate Street on February 24, 2009.
Sgt Desmond Beirne gave evidence that it had been Rag Week and he had just gone on beat patrol at 1.45am when a member of the public beckoned him to the AIB bank.
When Sgt Beirne arrived at the scene he saw the defendant kick an individual in the head. As he got closer Sgt Beirne then saw Bindon pull back and give a second kick to the individual who had been on the ground.
The force of the kick was such that Bindon’s shoe had come off. Sgt Beirne tackled Bindon to the ground and immediately gave medical assistance to the victim who was bleeding from the face.
Under cross examination by defence solicitor Valerie Corcoran Sgt Beirne said that gardai had asked the injured party to make a statement but were unable to obtain one and that the complaint against Bindon has been brought by the State.
He also said that gardai attempted to get CCTV but no cameras had been focused on that particular area. Sgt Beirne also acknowledged that no statement had been taken from the witness as he had quickly left the scene.
He stressed that because of the “level of physicalility” his first thought was to stop the incident and give medical attention to the person who was injured.
Regarding a separate offence of handling stolen property, Inspector Ernie White told the court that on October 23, 2008, in Maree, Oranmore, the defendant entered a shop and tendered a cheque, which was not his property, to the value of €350. Inspector White said that the money has since been paid back since to the shop.
Ms Corcoran said that her client had not been suspicious of the cheque. She also said that Bindon has not come to the attention of gardai since the last incidetn and is planning to complete is his carpentry apprenticeship and has cut down on drinking.
Judge Mary Fahy imposed a six months jail sentence suspended for 12 months on condition that Bindon enter into a bond of €500 to be of good behaviour. He was also fined €350 with three months to pay.
