Man who spat blood at garda gets suspended sentence

A Polish national has escaped a jail term after he spat blood into the mouth of a garda while he was being taken into custody for being drunk and disorderly.

Mariusz Beliczynski’s defence counsel, Mr Vincent Heneghan BL, said his client had effectively “bit the hand of friendship” as he had been taken off the streets by gardaí for his own safety.

They had discovered him on the Knocklyon Road in Dublin trying to get to his feet. Beliczynski was intoxicated and had a cut lip.

Beliczynski (aged 41) of Old Court Avenue, Bray, Co Wicklow, pleaded guilty at Dublin Circuit Criminal Court to assaulting a police officer in the execution of his duty at Rathfarnham Garda Station on September 28, 2010.

Judge Tony Hunt it was a “very serious offence” to spit blood at an officer but acknowledged that Beliczynski had an alcohol problem.

“His previous record is consistent with alcohol abuse rather than serious criminality,” Judge Hunt said before he acknowledged that Beliczynski had co-operated with the gardaí the following day and had shown remorse for his actions.

“The gardaí were only trying to help him and this is how they get repaid?” Judge Hunt said.

“It is appalling. He effectively bit the hand of friendship,” Mr Heneghan replied.

Judge Hunt sentenced him to two years in prison which he suspended in full on condition that Beliczynski keep the peace and be of good behaviour for three years.

Sergeant Paul Byrne told Ms Fiona McGowan BL, prosecuting that Beliczynski was arrested for a public order offence when he refused to give gardaí his name and address after they came to his assistance that night.

He was verbally aggressive and had to be restrained later at Rathfarnham Garda Station where he spat blood at a garda when he was asked to take off his jumper.

Sgt Byrne said a certain amount of damage had been done to the cell also after Beliczynski continued to spit blood. It later had to be professionally cleaned.

He said Beliczynski had 12 previous convictions which were for mainly public order offences.

Sgt Byrne agreed with Mr Heneghan that the gardaí had taken Beliczynski into custody “as he was a danger to himself in the condition that he was in”.

He accepted that Beliczynski was not in a position to be interviewed that day but was embarrassed, ashamed and remorseful for his actions the following day.

Mr Heneghan said his client was a father of four children from two previous relationships. He said he moved to Ireland with no friends or family and “took to the bottle” for solace due to the resulting loneliness.