Judge condemns the ''mob mentality'' which arose during a serious assault on Gardai in Offaly

JUDGE Keenan Johnson was highly critical of what he called the ''mob mentality'' which arose during an assault on two gardai in Tullamore during the height of the pandemic.

Judge Johnson compared the incident to what occurred in Dublin recently.

Before this week's Tullamore circuit court was Curtis Dunne, 43 Beechmount Park, Mucklagh, who was facing charges of assault causing harm in August 2020 at Arden View, Tullamore.

Under questioning from Kevin White BL, prosecuting, Sergeant Richard Thornton said that Sergeant Fergus Collins and Garda Rory Heffernan had been contacted by Brian Dolan regarding a suspected theft from Dolan's Shop on Clara Road by the defendant Curtis Dunne.

Garda Heffernan, joined by Sergeant Collins, went on patrol and spotted the defendant in Arden View They informed him he was going to be arrested. When Garda Heffernan went to cuff Mr Dunne's arm he put up resistance.

A large crowd began to gather and came towards the scene. Curtis Dunne pulled away and punched Sergeant Collins twice to the right side of his head. He was pepper sprayed but continued to resist arrest. A baton was used on his legs and the gardai restrained him on the ground. He was taken to Tullamore Garda Station but he was not cooperative, the court heard.

Sergeant Thornton said the large crowd which had gathered were egging on Curtis Dunne throughout the incident.

Afterwards, Sergeant Collins's head began swelling. He complained of feeling faint and later collapsed and was brought to Tullamore hospital.

Sergeant Thornton said that on the day of the assault, Sergeant Collins had had a ''bad feeling'' when he saw the number of people gathered in the area. Curtis Dunne was squaring up to Garda Heffernan and Sergeant Collins had placed a hand on Curtis Dunne's arm as he felt he might strike out. However, his radio had become entangled with Curtis Dunne and he couldn't get away. He used his baton on Dunne's legs to help restrain him.

Sergeant Collins said he didn't remember being hit but recalled being on the ground and afterwards being in the hospital. He was out of work for 4 months and suffered from headaches and still has to take pain killers, Sergeant Thornton said.

Curtis Dunne had previous convictions and had received suspended sentences in the past for assault, causing harm, theft, being in possession of knives and other articles.

Catriona Dunne, the mother of the defendant, told Judge Johnson that her husband had died in a road accident when their son was just 9 months old. She said Curtis had been diagnosed with ADHD, ADD, dyslexia and psychiatric problems. He had also attempted suicide. She said she took him out of school as she knew he was going to be expelled.

Mrs Dunne said her son claimed that when he was young he was hearing voices. She took him to the Bannon mental health centre in Tullamore and was told he was too young to hear voices. She said instead he was given drugs and later became addicted.

In April 2021 he complained of hallucinations. He spent time in Portlaoise mental hospital where he was kept in isolation. She said his mental state deteriorated during Covid. He is on 42 tablets a day, two at least are anti-psychotic.She said he needs a high level of supervision. She said he was referred to England for treatment and was refused a place in Dublin but she doesn't know why. She said that being arrested got him back into the system and he has stayed out of trouble since then.

Mrs Dunne said her son is very easily led and whoever he keeps company with he tries to keep up with them. She said he is doing well mentally, but physically he has put on a lot of weight due to the medication.

Judge Keenan Johnson said he was very lucky to have such a good mother. He described Curtis Dunne as an extremely vulnerable person.

He said he had huge sympathy for Sgt Collins and his colleague Garda Heffernan.

He said there was a huge culpability on the part of the large group that gathered on the day in a ''mob like fashion''. He said they were fully aware that Mr Dunne had psychiatric issues.

He said Mr Dunne is now receiving treatment which involves detention at Portlaoise psychiatric hospital. He said he was very impressed by his mother and she had done everything she could.

He acknowledged that it had been a horrific experience for Sgt Collins. But he said what was most appalling was the mob. He said the gardai had feared for their lives. He said this had no place in a civilised society and has no place in a town such as Tullamore which has such a rich culture. He said those involved should hang their heads in shame.

Judge Johnson said Sergeant Collins had been off work for four months and suffered appalling headaches. He had received three or four blows to the face. He returned part time to work before returning full time. He described the assault as life changing. He said he hopes he makes a full recovery. He said Gardai get a lot of negative publicity but they get up every morning and they don't know what they face and we owe a huge debt of gratitude to them.

In mitigation Judge Johnson said Mr Dunne had entered an early plea. He had suffered the tragic loss of his father at 9 months old. He suffers from schizophrenia.

The judge said the offence was on the upper end of the scale and warranted a headline sentence of three years and three months. He said he would reduce this to two years. However, he said he would adjourn that provided Mr Dunne takes advantage of a full treatment plan and once it is completed he will adjourn the case.

He put the case back to March 19, 2024 for an update.