Suspended sentence after Offaly assault on garda

A SUSPENDED three-month sentence was imposed on a man who had paid €5,000 in compensation for assaulting a garda.

James Shanley (36), Ballycrumlin, Ballinagar, had previously been convicted of assaulting Garda Mark McCallon, causing him harm, on June 2, 2024 at Tullamore Garda Station.

The conviction in March followed the viewing of CCTV footage from inside the Garda Station which had captured the incident in a corridor where a man suddenly emerged from a doorway and a scuffle took place.

At this week's sitting of Tullamore District Court, defending solicitor Patrick Martin told Judge Andrew Cody that all of the compensation had been paid, including the final outstanding balance of €600.

Judge Cody remarked that Mr Shanley had been intoxicated and had to be handcuffed. He had head-butted the garda and had 13 previous convictions.

Mr Martin said his client apologised and had borrowed money to pay the compensation. He worked in a local bakery but was a man of limited means.

Recalling the date of the offence, the solicitor said Mr Shanley had been ejected from a bar.

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When the case came before the court in March, Judge Cody did not accept a defence from Mr Martin that the accused had fallen forward off a chair 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 Tullamore town and had been shouting abuse in O'Connor Square.

Sergeant Kearns added at the time: “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.”

Mr Shanley had a previous conviction for assault and had also previously been convicted of possession of drugs.

He had €1,400 in court as compensation initially. Mr Martin said the man had not drunk alcohol after the incident.

Judge Cody said the garda had been doing his duty when the assault happened.