THE SOUTH GALWAY farmer who threw a bag on cow dung in the direction of then Junior Minister, Anne Rabbitte (FF) at a public meeting has escaped a jail term for the assault.

At Ennis District Court today, Judge Alec Gabbett convicted Joseph Baldwin and ordered him to complete 60 hours of community service in lieu of a three month prison term for the assault on Ms Rabbitte at a public meeting at O’Sullivan’s hotel in Gort on 3 January, 2023.

At the time, Ms Rabbitte – who lost her seat in the General Election – was a Galway East TD and Minister of State at the Dept of Health and at the Dept of Children, Equality, Disability, Integration and Youth.

Ms Rabbitte did not attend today’s sentencing hearing in Ennis and Judge Gabbett imposed the sanction after describing Mr Baldwin in court as “a community spirited individual”.

Judge Gabbett made his comment after a Probation Report concluded that Mr Baldwin (39) of Ballyaneen, Gort is at very low risk of re-offending and reading the contents of three testimonials handed into court including one from Anne Rabbitte’s Fianna Fail party colleague, Cllr Gerry Finnerty (FF).

Commenting on the incident at the public meeting, Judge Gabbett told the court today that “the footage doesn’t lie”.

He said: “It just can’t happen again, simple as that. That kind of behaviour is not acceptable at a public meeting and not acceptable for public representatives to endure that type of behaviour no matter who they are or what they are.”

Judge Gabbett said that public representatives “must be able to go along to such meetings and feel safe – that is my concern”.

Judge Gabbett said that the Section 2 assault was “at the lower end”. 

Solicitor for Mr Baldwin, Daragh Hassett said his client co-operated fully with the Probation Officer who concluded that he was at low risk of re-offending.

Referring to the Probation Report, Mr Hassett said that “Mr Baldwin said that he was sorry for what he had done, had never set out to harm anyone and it was his way of protesting”.

Mr Hassett commented: “He might not be everyone’s cup of tea but perhaps every community needs a Joe Baldwin.”

Judge Gabbett said that the sense he got from the testimonials and Probation Report is that “he is a community spirited man”.

Judge Gabbett said: “He was speaking very well on the video footage until the incident occurred and that is in keeping with the letters and testimonials.”

Mr Hassett said that along with the testimonial from Cllr Finnerty, a local GP, Dr Richard Joyce and a local pharmacist, a Mr Quinn had also provided letters for the court.

Mr Hassett said: “There is a very good comment from Mr Quinn when he says that Joe might be seen to be argumentative and political but that might be seen to cover up his decency.”

In reply, Judge Gabbett said: “I did notice that and I underlined it myself.”

Mr Hassett said that Mr Baldwin is back working now in a factory.

Judge Gabbett said: “The remorse aspect is a concern but that is simply because M Baldwin was so agitated about the whole thing. At a human level you have a concern that his blood pressure is up and he would want to be careful of his own health because he gets so stressed about things like this and it leads him to doing these things which is concerning.”

Mr Baldwin was attending the public meeting in Gort in January 2023 against a planned biogas plant for the town and Mr Hassett said with the case, “the whole issue of biogas plants has got traction and they will not be an easy sell for the new Government – there is huge opposition to them around the country”.

In evidence in the case in September, Ms Rabbitte wept in the witness box as she recalled the incident.

She said that before Mr Baldwin threw the bag towards her he said to her “’I am not forgetting about you, there is one for you Rabbitte’ and then he flung a bag as well.”

After the bag fell on the ground beside her, Ms Rabbitte said: “I didn’t know if the two legs were going to go from under me.”

She said: “Someone picked it up and said that it was a bag of shit.”

Ms Rabbitte said: “I wanted to scream my head off because no one said that what was happening was wrong.”

Ms Rabbitte said that she distracted herself at the meeting by taking out her phone and sending out a tweet “I can’t believe a bag of sh1t has been thrown at me”.

Speaking to reporters after the court today, when asked if the case was a factor in Anne Rabbitte losing her Dail seat in the recent General Election, Mr Baldwin said: “I know my community didn’t support her anyways, the community of Gort and south Galway and they had good reason. 

“She voted along with Ciaran Cannon for a Climate Action Bill that sees all these (biogas) plants being rolled out.”

After Mr Baldwin was convicted of the assault in October, the then Minister Rabbitte told reporters “Being a politician, one expects the rough and tumble of debate at all times, and what we have seen today is that the line was crossed (that night) and the judge acknowledged that the line was crossed and I am glad that this has been brought to a conclusion.”