Woman guilty of assault on garda

A 65-YEAR-OLD woman involved in a right-of-way dispute was yesterday bound to the peace for assaulting a garda.

Anne Madigan, of Callura West, Ennistymon, Co Clare, was found guilty at Ennis District Court of assaulting Sgt Brian Howard on December 9.

Gardaí had come to Madigan’s home to retrieve CCTV footage.

The dispute dates back to 2002, when neighbour Joseph Scales, 63, inherited eight acres of land.

Mr Scales has had a court order in place giving him access to the right of way since 2003.

Neil McNeilis, for Anne Madigan, said yesterday the dispute was “taking its toll on Mrs Madigan”.

Judge McCarthy said: “This assault took place during a lawful search and the courts cannot tolerate a situation where the gardaí ... are effectively attacked. That goes to the very heart of the criminal justice system and ... cannot be tolerated.”

Mr McNeilis said Anne Madigan had left a room during the search of her house, and came back to see her son on the floor surrounded by gardaí “and it was a chaotic situation”.

“I appreciate Sgt Howard had his back to Mrs Madigan at the time but didn’t express any concern over discomfort, even though he was struck from behind,” he added.

After Judge McCarthy bound Madigan to the peace, Mr McNeilis applied to have Mr Scales bound to the peace as well.

But Judge McCarthy refused the request, and said any breach of the order by Madigan was to be brought back before him.