Construction firm owner convicted of assaulting female garda

The defendant “lunged” into the footwell of the vehicle and grabbed a glass bottle, according to Garda evidence from the night, Inspector Tony O’Sullivan told Fermoy District Court. One garda was concerned he would use it as a weapon and the bottle was forcefully taken, the court heard. The defendant denied handling any bottle.

When he refused to exit the vehicle and comply with gardaí, he was pepper sprayed. As gardaí were removing him from his Range Rover to bring him to the Garda van, he kicked out and struck Sergeant Majella O’Sullivan. Sgt O’Sullivan sustained injuries to her arm and elbow which required medical attention.

Aidan O’Sullivan pleaded guilty to assaulting Sgt O’Sullivan, causing her harm, and to resisting or willfully obstructing Garda Jamie Green in the execution of his duties. However, he contested a charge that he produced a glass bottle while committing or appearing to commit an assault. He also contested an intoxicated driving charge.

The defendant had initially denied assaulting Sgt O’Sullivan in a Garda interview following the incident. He said that had been blinded by incapacitant spray. He recalled severe pain in his eyes, nose, stomach and he soiled his pants during the incident.

“It takes away your senses,” Aidan O’Sullivan said.

It’s like drowning. Your breathing is gone, your eyes are gone

Gardaí noted that, if the defendant had co-operated, he would not have been pepper sprayed. He had also told Sgt O’Sullivan to “go f*ck yourself” when requesting a breath sample back in the station.

“This was a simple road traffic arrest that escalated into something more serious,” Sgt Sean Murphy said.

Aidan O’Sullivan apologised to Sgt O’Sullivan and to the court.

“I’m 40 next year, this isn’t my behaviour. I keep my head down, I work extremely hard.” 

He said that a van of his had been pulled up by gardaí the previous day, which he had been angry about, and he had written to the superintendent questioning the action.

“I already had my back [up]. To Majella O’Sullivan, I genuinely am sorry. I didn’t think I assaulted any officer, I was blinded.”

What happened to Majella, there is no excuse for it. It’s deplorable behaviour

The judge questioned the sincerity of his apologies to the court when he had contested charges.

Barrister Alan O’Dwyer BL, defending, argued that his client had not been tested for intoxicants within the statutory three hours from his arrest. This was due to delays with accessing a doctor, which was not his client’s fault, he said.

Aidan O’Sullivan denied that he had been driving while intoxicated and had only consumed Heineken 0.0 that night, Mr O’Dwyer said.

A witness, Lorraine Higgins, said that she had met the defendant a short time before he was arrested and he seemed completely coherent and sober.

However, the judge said that “the most credible explanation for his violent, disrespectful, egregious behaviour was that he was under the influence of alcohol”.

If you smell like drink and you act like a drunk, it’s likely you have drink taken.

“I do welcome this somewhat belated but real remorse this defendant now seems to have,” the judge added.

“He works hard, I would imagine he’s the sort of guy if you looked for a favour he would do you a favour. I don’t doubt this man is regarded and respected in his community, but the acts of that night do not merit respect, they merit condemnation and they merit punishment.”  

Aidan O’Sullivan was convicted of all four charges. He was disqualified from driving for four years.

The judge said he may also face a custodial sentence, but requested a probation and welfare report first since he had no previous convictions.

The case will be back in Fermoy District Court for penalty on September 13. Aidan O’Sullivan’s driving ban was deferred until September 14.

“The violent nature of this usually would merit a custodial sentence, but what mitigates against that is your client’s clean record to date and his contribution to society,” the judge said.

“Your client is worried about losing his licence, but perhaps he should be worried about losing his liberty.”