A 32-year-old Castlebar man who, when arrested, set fire to the blanket in the cell and bit two gardaí, was sentenced to five months in prison this week.
Castlebar District Court heard that on December 17 2009 Garda Hugh O’Donnell was called to an incident outside the Oriental Restaurant on Main Street at 11.53pm. Colin Gillespie, 6 Rush Street, Castlebar, was in the vicinity along with another man and woman.
Garda O’Donnell observed the intoxicated Gillespie be aggressive towards the male. The defendant, who was drinking from a white wine bottle, was asked by the garda to go home, however Gillespie ran across the road to the woman, who was his ex-partner at the time. The woman tried to run away from him. Gillespie then told the garda that he would put his own “f***ing head through a window”. Gillespie was aggressive and used profanities towards the garda.
The defendant resisted arrest and had to be restrained. In the patrol car the defendant was disruptive and threatening, and he was uncooperative at the garda station. When placed in the cell he was “frothing at the mouth with anger”. At 12.10am on December 18 the cell blanket had been set alight and the gardaí had difficulty taking the cigarette lighter out of the defendant’s hand. Prior to this Gillespie had been searched and the defendant said that he had concealed this lighter “up my ass”.
A doctor was called to the station as the defendant said he needed attention, however when the doctor arrived Gillespie was abusive to him as he thought the doctor was a garda and told him to “get away to f**k”.
Garda Michael Gaughan said that he was bit between his thumb and index finger on his right hand (the skin was not pierced ). Garda Gaughan also saw the defendant bite Garda Peter Clancy — however Garda Clancy was not in court to give evidence.
The defendant told the court that he was actually assaulted by gardaí and when thrown in the cell he fell asleep and when woke up he had a cigarette, before he fell asleep again, which caused the fire. Gillespie claimed that he was not searched in the station. The defendant also said that he did not bite any gardaí that night as if he did he would have taken the thumbs off them.
The defendant, an unemployed father of three who has 15 previous convictions has, according to his solicitor, Aidan Crowley, a drink problem and psychiatric difficulties.
Judge Aeneas McCarthy dismissed the assault charge against Garda Clancy as he was not in court, however he convicted the defendant for the assault on Garda Gaughan and sentenced him to five months in prison. The judge also sentenced Gillespie to five months concurrent for the criminal damage charge.
Gillespie was also in court for two more public order charges — for being intoxicated and for being threatening and abusive on April 7 2010 at 7.10pm outside the Agape Restaurant on Thomas Street. The defendant was sentenced to two months concurrent for being threatening and abusive and the section four charge was taken into consideration.
