Offaly man convicted of assaulting garda in Tullamore Garda Station after judge views CCTV
An Offaly man was convicted of assaulting a garda after Judge Andrew Cody viewed CCTV footage from inside Tullamore Garda Station
An Offaly man was convicted of assaulting a garda after Judge Andrew Cody viewed CCTV footage from inside Tullamore Garda Station during the March 19 sitting of Tullamore District Court.
The footage was screened in the courtroom, where the defendant, James Shanley, Ballycrumlin, Ballinagar, appeared on a charge of assaulting Garda Mark McCallon, causing him harm, on June 2, 2024 at Tullamore Garda Station.
He was also charged with public drunkenness and a breach of the peace at O'Connor Square, Tullamore on the same date.
The CCTV captured a corridor in the Garda Station where a man suddenly emerged from a doorway and a scuffle followed involving himself and Gardaí.
Judge Andrew Cody did not accept a defence from Patrick Martin, solicitor, that Mr Shanley had fallen forward off a chair and had been handcuffed at the time and hadn't intentionally assaulted the Guard.
Judge Cody said the accused had been standing up. “It was a deliberate assault. There was nothing accidental about it.”
Sergeant Brendan Kearns told the court that Mr Shanley had been “ejected from a premises in town and had been shouting abuse in O'Connor Square.
"In the station, when he was handcuffed, he drove his head into Garda McCallon's face which caused a swollen lip, a headache and nausea to Garda McCallon.
"There was no permanent damage but Garda McCallon couldn't attend at the station and do his job for the following two months.”
Sergeant Kearns said the defendant had 13 previous convictions, including assault and possession of drugs.
Mr Martin said his client is 36 years of age, is in part-time employment and suffers from epilepsy.
“He apologises for his behaviour.” The solicitor added that the defendant was pleading guilty to the offences.
The Judge said he would be ordering Mr Shanley to pay €5,000 in compensation.
Mr Martin told the judge his client had €1,400 in court and would come up with the remainder if given time.
His client had not drunk alcohol since the incident, added the solicitor.
Judge Cody said he would give three months for the compensation to be paid and added that the Garda had been doing his duty when the assault happened.
He remanded Mr Shanley on continuing bail to appear in court again in three months time.