Kenneth Parker, with an address at a flat at Charlemount Terrace, Wellington Road, Cork, was jailed for three years yesterday with the third year suspended.
Parker pleaded guilty to a charge of assault causing harm to Garda Alan Mooney on December 23, 2014.
Parker, 46, has a previous conviction for manslaughter for which he got a 10-year sentence in 2006, backdated to 2004. He also had 12 convictions for assaulting gardaí. Sergeant Tom McCarthy said Parker had convictions from Wales including one for assaulting a police officer.
Sgt McCarthy said Garda Mooney and his colleague Garda Mary Jane Somers were on duty on Wellington Road that day when they encountered Parker in a heated argument with another man.
Parker’s partner was also present and when she intervened, Parker tried to punch her. Garda Mooney tried to arrest Parker and attempted to put handcuffs on him and had to deploy pepper-spray in so doing.
“Garda Mooney attempted to move Kenneth Parker. As he did so, Kenneth Parker put his metal prosthetic limb behind him and hit him in the ribs. Garda Mooney fell back and injured his back.”
Judge David Riordan said: “He landed this flying kick with his prosthetic leg on the guard’s chest.”
This exacerbated a previous back injury which the garda sustained on duty in 2011, and he was out of work until March 2015, returned to work, but had to go on sick leave again due to the injuries last October until the present, and he is still awaiting surgery on his back.
Brendan Kelly, defending, asked for as much leniency as possible and said Parker suffered a lot of pain and discomfort arising out of his own prosthesis.