Corkman punched arresting garda in face and threatened to kill him and his family

Accused told garda: 'Stick the bench warrant up your hole', court heard

Garda testified the accused got into the front of the patrol car and punched him three times in the face. Picture: Colin Keegan/ Collins 

A Cork man being arrested at a hostel allegedly punched a member of An Garda Síochána three times in the face, struggled violently and made threats to kill the garda and his family.

Simon Quilligan, 31, denied assaulting Garda Ken O’Brien or threatening him. The defendant said he was just keen to get to court because there were other lads in the hostel recording him sitting in the back of the patrol car.

Judge Marian O’Leary refused Mr Quilligan’s application for bail and remanded him in custody at Cork District Court. 

As the judge was finalising the adjournment of the case until November 10, the defendant turned to one of the gardaí present and said, “Bring me down to the holding cells, come on.” 

Sergeant Kieran Kelleher told Judge O’Leary that as the accused was put in handcuffs and taken out of the courtroom he mouthed something to Garda Ken O’Brien who was at the back of the court. 

Sgt Kelleher said: “I don’t know what he said but it did not look friendly.” 

In the course of his evidence, Garda Ken O’Brien said that at 9.30am on Monday morning (November 7) he went to St Vincent’s Hostel on Anglesea Terrace, Cork, to arrest Simon Quilligan on a bench warrant that was issued on November 1 for failing to appear in Cork District Court in relation to another matter.

Garda O’Brien said when he informed the accused of the warrant for his arrest, he let him go to his room in the hostel to get ready. He returned and got into the back seat of the patrol. 

However, he said the defendant soon afterwards tried to get out the window of the car when he found the back door was locked.

Call for urgent assistance

Garda O’Brien testified the accused got into the front of the car and punched him three times in the face. Outside the car there was a struggle and Garda O’Brien called for urgent assistance. “He threatened to kill me and my family,” Garda O’Brien said.

At another stage, he told the garda: “Stick the bench warrant up your hole.” 

Sergeant Seán O’Donoghue formally arrested and charged the accused with assaulting Garda O’Brien and obstructing him. The sergeant said it took six gardaí to arrest Mr Quilligan and that two officers had to deploy incapacitant spray and one had to use his asp — the retractable metal baton issued to gardaí.

Simon Quilligan said he was frustrated when he heard about the warrant that had been issued for his failure to appear on November 1 at Cork District Court as he was in Roscommon District Court on the same date and that was why he did not attend in Cork.

He denied trying to escape on Monday or assaulting and threatening Garda O’Brien.

“I was very very very very surprised to see Ken in the Vincent’s looking for me this morning. To be quite honest, I was shocked to see Ken there. Me and Ken are after our ups and downs. Ken was flicking through summonses. I got into the car to go to court. There was lads in the hostel recording me in the back of the patrol car,” Simon Qulligan testified.

He said he was not trying to get away but that he wanted to go to court and was determined to get there.

He said following his arrest by six gardaí, he believed he had damage to his teeth a possibly dislocated shoulder and a possibly broken finger.

Inspector Martin Canny asked him about alleged threats, and he said: “No, that absolutely did not happen, it would have been eff off but absolutely no, in no circumstances.” 

Insp Canny said to the accused that Garda O’Brien had been polite to him and let him get ready in his room before leaving the hostel. Quilligan agreed with that. 

Regarding his efforts to get out of the patrol car, he said: “No excuse, it was wrong. I take full responsibility.” 

Diarmuid Kelleher, solicitor, represented the accused on free legal aid.