Man jailed for punching garda who told him he could not drink alcohol in Cork city park

The court heard that it required four gardaí to arrest the defendant

Thomas Stone said he did not have cans of alcohol in his bag in Bishop Lucey Park. He said it was a Centra bag with a sandwich and some snacks. File picture: Eddie O'Hare

A garda sergeant responding to drinking on a park bench on a summer afternoon in Cork was punched twice in the face by a middle-aged man.

Evidence was given during a case that was contested at a two-hour hearing in Cork District Court that it took four gardaí to arrest him. Now this culprit, Thomas Stone, who is originally from Portlaw, County Waterford, has been sentenced to a 10-month jail term after he was convicted of assault causing harm to Sergeant Mark Leonard.

Stone denied he was drinking alcohol at all in Bishop Lucey Park that afternoon or that there were any cans of alcohol in the plastic bag which was confiscated from him by gardaí. He pleaded not guilty to the charge of assaulting Sgt Leonard.

At the conclusion of the evidence, Judge Olann Kelleher said: “I am satisfied he did assault Sgt. Keating and I convict.” Sergeant Gearóid Davis said the 56-year-old defendant had 45 previous convictions including two for assault and nine for engaging in threatening behaviour.

Frank Buttimer, solicitor, said the accused had worked all over the world as a butcher including at a number of outlets in Cork. “He has minimal previous convictions for assault,” Mr Buttimer said.

Judge Kelleher said: “He has nine previous convictions for engaging in threatening behaviour. This is a very serious matter. Gardaí were acting in the course of their duty at Bishop Lucey Park – a place being enjoyed by everyone, young and old, on the day.

“Thomas Stone took it on himself to assault Sergeant Leonard who was in full uniform.” Sgt Leonard testified that before 4pm on June 25 he was on duty at the park with Garda Ruth Maher and saw three people, including Thomas Stone, sitting on a bench in the middle of the park drinking alcohol from cans.

“I could clearly see the drinking of alcohol. I informed them there was a Cork City Council by-law which made it an offence to consume alcohol in a public place.

“I asked them to leave the park. They refused. I had no option but to seize the alcohol.

“As I picked up the bags the accused stood up and demanded I put the alcohol back down. 

He struck me twice in the face with his fists. I pushed him backwards. I then deployed incapacitant spray. He went to run away. My colleague assisted me. It required four gardaí to arrest Mr Stone.

“I had a cut to my nose. There was blood dripping down my face. He was frustrated and annoyed that I was seizing his alcohol,” Sgt Leonard said.

Thomas Stone testified that he was residing at Cork Simon Community at the time and that he was not drinking alcohol in the park and that he did not have cans of alcohol in his bag. He said it was a Centra bag with a sandwich and some snacks.

The defendant said he had been there alone when two others, whom he described as “street people”, sat down on the bench and they were drinking but he wasn’t.

“I had no interest in drinking alcohol. He (sergeant) said, ‘what is in the bag?’ I said, food. He grabbed it. 

I said it is my life in that bag, I am homeless. He had half the bag, I had half the bag, it was a tug-of-war. That is when I stood up and was sprayed in the face with some mace or something.

When it was put to him that he struck the sergeant in the face he said: “That is totally untrue.” Stone said: “I think the guards could have handled it different. They did not go nice and quiet.” 

Sgt Leonard and Garda Maher both said the defendant was drinking alcohol from a can and had more cans in a bag. Mr Buttimer said the officers could not say what brand it was or whether it was beer or cider. 

He said it was easy to mistake a Heineken can for a 7-Up can for instance. Sgt Leonard said he could easily distinguish the lager can from the soft drink.