THREE MEN WHO attacked two gardaí outside a takeaway, leaving both hospitalised and requiring medical attention, have been jailed for 27 months.
Steven Byrne (36), of Ballyfermot Avenue, Ballyfermot, Jonathan Dolan (47), of Colepark Green, Ballyfermot and Anthony Grogan (55) of Cherry Orchard Park, Ballyfermot appeared before Judge Martin Nolan in Dublin Circuit Criminal Court today after each pleading guilty to two counts of assaulting gardaí and one count of violence on Ballyfermot Road, Dublin on 21 November, 2022.
Garda Phillip Nash told Fionnuala O’Sullivan BL, prosecuting, that gardaí had been called to a pub in Ballyfermot to investigate a disturbance.
Security pointed out the people involved to the investigating gardaí, Garda Sean Savage and Garda Nicole Malcolmson.
Those individuals were Byrne, Dolan and Grogan, as well as Grogan’s wife, the court heard.
The two gardaí approached the group, who refused to provide details.
Byrne and Grogan became aggressive and abusive towards them.
Garda Malcomson tried to move Grogan’s wife away from the scene at this point.
Grogan then shoved Gda Malcolmson aggressively towards a nearby bin. When Gda Savage drew his baton and tried to arrest him, Grogan began striking him to the head and face.
The two men fell to the ground and Gda Malcolmson drew her own baton before trying to separate the two. Dolan then assaulted her by pulling her away.
Byrne took Gda Savage’s torch while he was on the ground and struck him a number of times on the head. He also kicked him while he was down.
Dolan approached Gda Savage and dragged him to the ground again. He pulled off his stab vest and threw it to the road.
Grogan and Byrne were arrested at the scene when other gardaí arrived. Dolan was arrested later that day.
Both gardaí received medical attention before being taken by ambulance to St James’ hospital.
Gda Savage had wounds to his head that required staples and stitches while Gda Malcolmson had a knee injury and was badly bruised.
CCTV of the incident was played in court.
Both gardaí read their victim impact statements to the court themselves.
Gda Savage said how he remembers showing up to the incident, but that “what felt like five minutes later, I was in an ambulance being brought to hospital.”
He said the attack was “completely unprovoked, erratic and vicious” and that he feared for his life.
“Several times over the last year I have had trouble sleeping, revisiting the incident over and over,” he told the court, adding that he doesn’t feel as safe in some social situations since the attack.
Gda Malcolmson had only become a garda four months prior to the assault, and said: “There is absolutely no justification as to why they did what they did.”
She told the court the men “showed no respect to members of An Garda Síochána”.
“The physical and emotional trauma I went through, I would not wish on anyone,” she said. “Not even these three men who caused it.”
Gda Malcolmson said she hopes the men get the sentence they deserve and that it “gives them more than enough time to reflect on what they have done.”
Ian Woodland BL, defence counsel for Byrne, said his client was “embarrassed of what happened” and offers an “unreserved apology and deeply regrets his actions.”
He said the gardaí were going about their lawful duty, when “they were met by viciousness” and that “there’s no excuse or justification for what they had to suffer.”
Mr Woodland said his client is not the man who portrayed himself on CCTV on the night in question. “He is a better man than that.”
He said Byrne was “a good family man who made a serious error on the night in question” which will be “a day that he will regret for the rest of his life.”
Aoife O’Leary BL, defence counsel for Dolan, said her client wanted to offer his sincere apology to the injured parties and is “deeply remorseful for his actions.”
She said Dolan’s behaviour was “reprehensible” but asked the court to accept that this is something that was out of character.
Ms O’Leary said her client was not a heavy drinker and “struggles to explain how he acted in such a manner.”
Pieter Le Vert BL, defending Grogan, said his client “is a highly respected member of the community” who is “wracked with guilt” after the incident.
He told the court that Grogan “is a man who for 55 years has very largely kept his head down, worked and provided for his family” and that since the incident he has begun counselling for alcohol issues.
Mr Le Vert said his client was a “good family man” and asked the judge to be as lenient as possible.
Grogan has two previous convictions, including one for assault.
Byrne has one previous conviction for trespass and Dolan has 29, however these were all for road traffic offences.
In sentencing, Judge Nolan said the injured parties were doing their duty when they were “assaulted badly”.
He noted that all three men pleaded guilty, co-operated with the investigation, made admissions, were remorseful and have a good work history.
“The assaults are bad but it seems to me that neither three men came out that night with the intention of assaulting these guards,” he said, but added that “each is responsible for the acts of the other because it seems to me they were acting together”.
Judge Nolan sentenced the three men to 27 months imprisonment to run concurrently on each count of assault and the count of violent disorder.
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