One of two brothers involved in a Galway street fracas was ordered to pay compensation of €750 to a Garda sergeant he kicked out at when he was being detained. The September 15 sitting of Galway District Court was told Gardaí had to pepper spray both men when they resisted arrest.
Sgt Damien Prendergast told Judge Fiona Lydon that he was on duty with the public order unit when they arrived at the scene of the brawl at Prospect Hill, Galway. They found two men, the Fahy brothers, fighting.
Gardaí separated them but when they went to take details Michael Fahy refused to provide them, insisted that this was a domestic matter and the Gardaí had no right to interfere.
When being restrained, Michael Fahy lashed out and kicked Sgt Prendergast and pepper spray had to be employed to restrain him. His brother Brian Fahy then attempted to interfere with the arrest aggressively and with force, and he too was pepper sprayed.
When the brothers were taken to the station they calmed down and there was no further issue with them. “Their attitudes changed completely once in custody,” Sgt Prendergast said.
Brian Fahy, Twenty Acres, Barnaderg, Tuam and Michael Fahy of Peak, Barnaderg, Tuam pleaded guilty when they appeared before Judge Fiona Lydon.
Sean Acton solr (defending ) said both his clients were in Court making a public apology for their absolute disgraceful behaviour. He added that Sgt Prendergast had already graciously accepted an apology from them.
The events before the Court arose out of a family outing.
Mr Acton said his clients were not big drinkers and were deeply embarrassed by what had occurred. This was not something which regularly happened and they were both disgusted by their behaviour and were aware of how the publicity would generate public comment. They were pleading guilty and Sgt Prendergast had accepted their apology.
Brian Fahy is a carpenter with two children and no previous convictions. Michael Fahy is a mechanic with four children and four previous convictions, one for a public order offence, the Court was told.
Judge Lydon said it was outrageous to lash out at a Garda and have to be pepper sprayed. This could result in a three-month prison term or a fine of up to €1,000, she said. She ordered Michael Fahy to pay €750 compensation to Sgt Prendergast and sentenced him to 100 hours’ community service in lieu of two months in prison.
Brian Fahy was given the benefit of the Probation Act and ordered to pay €500 to the Little Blue Heroes charity. She told both defendants that they were lucky not to be in custody for striking out at a Garda sergeant while doing his job, adding that they could thank their defence and the approach taken by Sgt Prendergast that they were not.
This article is funded by Comisiún na Meán under its Local Democracy and Court Reporting Schemes.
