A man armed with a 4ft-long stick was jailed for four months for taking the law into his own hands and causing an injury to garda by resisting arrest.
The DPP withdrew an assault charge against Anthony Hayes, of 23 Hollywood Estate, Cork. Hayes pleaded guilty to charges of being drunk and a danger, engaging in threatening behaviour and resisting arrest.
Judge Olann Kelleher noted the charge of assaulting Garda Keith Aher had been withdrawn. However, the judge said it was still a serious matter.
“The gardaí were called out on the night to be met by a man with a weapon in his hand. They gave him plenty of opportunity to drop the weapon but he took the law into his own hands.
“When they go to apprehend him, he takes them on. He resists arrest. There is a guard out of work for five months as a result. I cannot possibly avoid imposing a custodial sentence.”
Judge Kelleher imposed a four-month sentence on the charge of resisting arrest, two months for threatening behaviour, and fined him €300 for being drunk and a source of danger.
Frank Buttimer, defence solicitor, said the defendant accepted the facts as outlined by the inspector. However, he said that the person who called out the gardaí on the night was someone with an animus against the accused.
Mr Buttimer said Hayes only had the stick because he tended horses.
He said he used it to force down an electric fence when accessing the animals.
Inspector Fergal Foley said gardaí were called to Hollywood estate at around midnight on January 23 and were confronted by Hayes carrying the stick.
He was warned he would be pepper-spayed if he did not drop the stick.
Hayes refused to stop and had to be pepper-sprayed.
Insp Foley said Hayes similarly refused to drop the stick when warned he would be struck by Garda Anthony Moloney. He only dropped it after he was struck twice on the arm.
Garda Keith Aher sustained a fractured wrist as the accused resisted arrest.
Mr Buttimer said the accused apologised to Garda Aher in particular, and also to Garda Moloney and other gardaí who were present on the occasion.
© Irish Examiner Ltd. All rights reserved