Garda assault appeal fails

A man arrested at a Republican Sinn Féin commemoration who went on to assault a detective garda and “took a hold” of his pistol has lost an appeal against conviction.

Pat Barry, aged 57, of St Bridget’s Terrace, Bundoran, Co Donegal pleaded not guilty to assault causing harm to Detective Garda Rory Sheriff in Naas Garda Station and to engaging in threatening, abusive, and insulting behaviour at Sallins, Co Kildare, on June 13, 2010.

He was found guilty by a jury at Naas Circuit Criminal Court and sentenced to three years imprisonment, with the final six months suspended, by Judge Leonie Reynolds on June 11, 2013.

Dismissing Barry’s appeal in the Court of Appeal yesterday, Mr Justice George Birmingham said whatever happened in Sallins was of no relevance to the “serious assault” which occurred in Naas Garda Station.

Barry had travelled to Sallins in Co Kildare with a view to attending a Republican Sinn Féin commemoration. Participants had been assembling prior to a parade and a number of plain clothes gardaí were present.

Det Gda Sheriff asked for Barry’s name and address as he thought he was entitled to. Barry told him to “fuck off”, called him a “Free State c***”, and pushed him. Barry was arrested under the Public Order Act and brought to Naas Garda Station. As he was being brought into the cell, he punched Det Gda Sheriff in the face. During the struggle, Barry put a hand inside the garda’s jacket and “took a hold of the pistol”, Mr Justice Birmingham said.

Barry appealed his conviction on grounds that Det Gda Sheriff’s demand for his name and address was unlawful and the jury ought to have been told the circumstances of his arrest.

He also submitted, through barrister Fiona Murphy, that gardaí failed to seek out CCTV footage of the Sallins incident where footage was available.

Whatever the evidence, the judge said, it was clear that Barry’s response to the garda’s demand provided justification for the arrest. He said the court was “completely unconvinced” that a different outcome was possible if the jury had been told that doubts were cast as to the lawfulness of the arrest.

Failure to harvest CCTV footage from Sallins did not render the trial unsatisfactory or cast any doubt as to the fairness and appropriateness of the verdict, Mr Justice Birmingham said, and would have had no bearing on what happened in the garda station.

Mr Justice Birmingham, with President of the Court of Appeal Mr Justice Seán Ryan and Mr Justice John Edwards, dismissed Barry’s appeal.