Man guilty of assaulting three gardaí in station

A MAN who was reluctant to hand over his cross and chain at the Bridewell in Cork because it had been blessed in the Vatican was convicted yesterday of assaulting three members of An Garda Síochána in the station.

Colin Dumigan of 22 Cnoc Ard, Riverstick, Co Cork, denied all charges against him at Cork District Court and said through his solicitor Frank Buttimer that he was the only one who was injured on the night, suffering a cruciate ligament injury.

However, Judge Leo Malone convicted the defendant on all counts.

“As is common in these cases people never admit to the amount of alcohol they might have taken. I believe Mr Dumigan was the author of his own misfortune. The gardaí in my view are blameless for any misfortune.

“He acted like a crazed man. When asked to leave the station he assaulted Sergeant Fergal Lucey and Gardaí Gary Lane and Kevin McCarthy,” Judge Malone said.

Dumigan, aged 31, has 12 previous convictions including counts for property damage, trespassing and public order offences.

For the assaults an overall sentence of four months suspended for two years was imposed on Dumigan. He was also fined €200 for the initial offence of being drunk and a source of danger at Grand Parade on July 9, 2009, and fined €400 for causing criminal damage to Sgt Lucey’s uniform shirt.

Dumigan disputed being told that he had been arrested in the first place and stated he was asked to go to the Bridewell for a search. He said one garda told him he could make a call on his mobile phone but that when he went to make it another garda went to take it off him, which resulted in the phone breaking into two parts.

Inspector Eileen Foster said that the defendant was asked for his cross and chain when he was being put into a holding cell. Dumigan said yesterday: “The reason I did not want to hand it over was because I got it blessed in Rome in the Vatican. I did not see any reason why they would want it, it is a prized possession of mine.”

Dumigan said he did hand it over eventually when a garda said he would mind it for him.

When he was being released Dumigan wanted to make a complaint about his treatment at the station, which Mr Buttimer said the defendant was entitled to do. Insp Foster said the defendant was adamant he was staying in the station.

Dumigan claimed Sgt Lucey lost his temper and pushed him out and that all three gardaí caught him and dragged him at one stage. “I won’t say I wasn’t upset but I wasn’t throwing punches. I might have been wriggling a bit,” the defendant said.

However, the garda evidence was that they were assaulted by Dumigan during this incident which Judge Malone accepted.