Father who threatened to infect garda with Hep C sentenced

A father of three who came from a "volatile and dysfunctional family" has been given a suspended sentence by Judge Patricia Ryan at Dublin Circuit Criminal Court for threatening to infect gardaí with Hepatitis C.

Thomas Walsh (32) was "an angry young man" with a drink problem from an early age and who "occasionally took cocaine" , defence counsel, Mr Raymond Farrell BL, told Judge Ryan.

Mr Farrell said that a medical report that proved Walsh didn't have AIDs or Hepatitis B or C was sent soon after that to the superintendent "in ease of the gardai".

Walsh (32) of Alderwood Avenue, Tallaght pleaded guilty to threatening Gardaí Michelle Lynch and Ciaran McGrath that he would kill or cause serious harm to them on May 2, 2004.

Mr Farrell said it was not Walsh's intention to bite anyone that night but he believed that by saying this it would prevent gardai from injuring him.

"He was simply saying 'leave me alone, get away from me' and he never intended to hurt anyone."

Mr Farrell added that Walsh instructed him he hadn't taken alcohol for a long time.

Judge Ryan said she had given "careful thought and consideration" to a psychiatric report before the court and imposed a two year sentence suspended on strict conditions.

Gda Lynch told prosecuting counsel, Ms Mary Rose Gearty BL, that when she arrived at The Cuckoo's Nest on Greenhills Road in response to a complaint of a disturbance there, Walsh was being very aggressive.

She was escorting him away when she noticed that he was carrying a small plastic bag in his hand and when she indicated that she was going to search him on suspicion of being in possession of drugs, he threatened to bite both her and Gda McGrath, claiming he had hepatitis C.

Gda Lynch said that Walsh had a plaster on his hand at the time that was covering a cut but he was still bleeding from it. She confirmed that there was no drug charges before the court and Walsh was never charged in relation to being in possession of them.

Walsh was eventually arrested and brought to the garda station where he caused "extensive damage" to his cell, ruining a mattress and breaking a vent and light fixtures. He had five previous convictions, including public order offences, assault and violent behaviour in a garda station.

Gda Lynch agreed with Mr Farrell that Walsh didn't physically assault any of the gardai present but added that he mimicked trying to bite her. "He was not physically aggressive but he was very abusive."

She accepted that Walsh said he had hepatitis just to get her away from him but said that she believed at the time that he did have the disease.