A District Court judge this week praised the work of a Westport based garda who was surrounded by a mob who tried to stop him carrying out an arrest in the town. Garda Martin Kelly was attempting to carry out an arrest on Darren Heraty, Three Bridges, Islandeady, Castlebar, for a public order offence at Mill Street in Westport when a group of Heraty’s friends tried to stop Garda Kelly making the arrest. Garda Kelly was forced to call for back up from other officers who arrived at the scene to help their colleague.
Judge Conal Gibbons was presiding over the case in which Heraty pleaded guilty to threatening, abusive, or insulting behaviour in a public place at 8.55pm on August 7 2011. Garda Kelly told the court that he was on patrol in the station patrol car when he got a call about a disturbance in Mill Street. When he arrived he observed Heraty in an irate state kicking a table outside a licensed premises. He told the court that he asked Heraty to calm down but this just made Heraty even angrier and he arrested him for the public order offence. Garda Kelly said that in the process of making the arrest a large group had gathered around him and tried to intervene in his attempt to carry out the arrest, forcing him to call for assistance.
Judge Gibbons told the court that he had to commend Garda Kelly for carrying out his duties in what was a very “trying environment” for him, and he hoped the people of Westport appreciated the work that he and his colleagues had to do. He also asked that his compliments on Garda Kelly’s behaviour be passed up to his superior officers.
Solicitor for Heraty, James Ward, told the court that his client had apologised to Garda Kelly personally on two occasions since the incident and he was very sorry for what had happened. Mr Ward said his client has had incidents related to drink in the past and he was trying to control it, and this incident happened after he had been drinking for the first time in four months. Mr Ward told the court that his client is the father of two young children, one three years old and the other six months old, and that the incident happened after his client was celebrating the christening of his younger child. The court was informed that Heraty has a number of previous convictions for public order offences dating back to 2006 with the last in 2010.
Judge Gibbons told the court that he was considering a custodial sentence for Heraty, but in his final judgment he made an order for a report to be carried out for Heraty’s suitability for a community service order. If suitable Heraty will carry out 180 hours community service in lieu of a two month prison. The judge adjourned the case until October 6 for the completion of the report.
