A 19-year-old woman who, when approached by a garda after she flung a wheelie bin into the middle of the road, spat at and kicked the garda in the groin, was sentenced to jail for 15 months at Ballina District Court this week. Her boyfriend was also sent to prison for nine months for obstructing the same garda.
Inspector Martin Byrne outlined that on August 28 2008 at 5.20pm at The Brook, Ballina, Garda Sean Quinn observed Klara McGoldrick, 5 The Brook, Ballina, throw a wheelie bin onto the street. When Garda Quinn approached the defendant she became aggressive and spat in his face. As Garda Quinn cleaned his face, McGoldrick kicked the garda in the groin. The garda tried to arrest the defendant, however her boyfriend Alan Delve, with the same address, thumped Garda Quinn and tried to pull the garda away from McGoldrick. Garda Quinn called for assistance and the two defendants were arrested.
Since the incident Garda Quinn has not returned to work and is undergoing psychiatric treatment, and a psychiatric report was handed into the court.
McGoldrick, who has one previous conviction, told the court that she had been drinking Southern Comfort earlier that day and that after receiving news that her friend’s dad had died she went to the post office to get her Job Seekers Allowance so she could get the bus to Limerick to be with her friend. However, as the post office was closed and she could not access any money she threw a wheelie bin out of rage. The defendant said that she did not realise at first that Garda Quinn was a garda and started fighting back at him when, according to McGoldrick, he dragged her by her hair. The defendant told the court that her actions were “disgusting” and said that she is “so embarrassed” about what she did.
Delve, who has several previous convictions, told the court that he heard an altercation from inside the apartment and ran outside to separate Garda Quinn and his girlfriend. Delve said that he didn’t realise that the man was a garda until he pushed him away, and he apologised to the garda in court.
Judge Mary Devins said that both defendants seemed to think they were on Oprah in the witness box and said that she “did not believe one single, solitary sentiment” expressed by them.
Judge Devins said that McGoldrick, after hours drinking alcohol, which was purchased with money which she “didn’t earn”, and that after not being “able to get more money from the State” she “vented her frustration on a man carrying out his duty” and did it in an “insulting and dismissive” way which has affected his life and livelihood.
For the Section 3 assault on the garda, McGoldrick was convicted and fined €1,000 and sentenced to 12 months in the Dochas Centre in Mountjoy. For the Section 6 public order charge for being threatening and abusive, McGoldrick was convicted and fined €500 and sentenced to three months in prison consecutive.
Delve was convicted and fined €500 for obstructing a garda and sentenced to nine months in prison.
Recognisances were fixed.
