A man who grabbed a garda by the throat after gardaí responded to a disturbance at a house party, was sentenced to prison at this week’s sitting of Ballina District Court.
Garda Brian Fowley outlined that in the early hours of January 1 2011, gardaí responded to a call about a disturbance at 32 Millview Crescent, where a house party was taking place.
When gardaí arrived at the house, Robert Cawley, 20 Lord Edward Street, Ballina told them to: “F**k off” and asked “where’s your f*****g warrant?” Cawley was also heard to threaten the gardaí.
Gardaí, who were not permitted entry to the house, left the scene and then returned shortly after where they observed that the window was smashed and the door was broken. Gardaí then entered the premises. Cawley grabbed Garda Pauric Kelly by the throat and the defendant was pepper sprayed.
John Gordon, solicitor for Cawley, said his client took offence to the gardaí entering the private residence, which was Cawley’s sister’s house.
Mr Gordon said that Cawley, who has previous convictions, has a problem with alcohol and anger.
For an incident which took place on January 18 2010, where Cawley ripped the cell mattress and urinated against the cell door, Judge Mary Devins convicted and sentenced him to 100 hours of community service in lieu of three months in prison.
For the section two assault on Garda Kelly, Judge Devins convicted and sentenced Cawley to six months in prison, with the warrant not to be executed until the community service is completed; the latest date to be October 11 2011.