Corkman who assaulted garda during drink-driving incident loses conviction appeal

The court heard that the passenger, Leslie Kepple, 'obstructed, threatened, assaulted and injured' the garda.

The court heard that the woman driving was being arrested for suspected drink-driving at the garda checkpoint at East Cliff Road, Glanmire, County Cork. File picture: Denis Minihane

The passenger in a car stopped during a drink-driving incident expected the garda working alone to drive him home and ended up assaulting the officer and acting very aggressively at the scene.

Now at Cork Circuit Criminal Court, 47-year-old Leslie Kepple of Iona Green, Mayfield, Cork, has appealed against a sentence of six months in prison. But Judge Helen Boyle refused the appeal and affirmed the order of the district court.

“This was an unprovoked attack of disturbing severity accompanied by verbal abuse,” Judge Boyle said as the appeal was rejected.

The judge acknowledged that Kepple had many favourable factors in his life—the absence of a pattern of offending, no addictions, the fact that he has full-time employment, was apologetic and offered compensation. However, the judge said the sentence had to be affirmed at Cork Circuit Appeals Court.

The assaulted garda working alone after midnight had to call for back-up when he stopped the driver for suspected drink-driving as the passenger – Leslie Kepple - “obstructed, threatened, assaulted and injured him”.

He pleaded guilty to a series of charges arising out of the incident, including assault causing harm to the guard on the night.

Sergeant Pat Lyons said at the initial hearing that Garda Tadhg O’Brien was on duty after midnight on August 9, 2021, at the garda checkpoint at East Cliff Road, Glanmire, County Cork. The woman driving was being arrested for suspected drink-driving.

Passenger, Leslie Kepple, was informed that he would have to walk home or get a taxi as he was intoxicated and could not drive.

He began to speak loudly and was swearing angrily. He told the garda he was 'a right f***ing prick' who thought he was 'a great man altogether'.

Numerous members of the public were present.

“When told that he would be arrested if he continued, he said, 'Go on, arrest me, you f***ing prick'. Mr Kepple clenched his fists and clenched his teeth, exposing them and suddenly burst forward… He lunged forward and struck the garda with the heel of his hand in a fist to the left-hand side of his chest and grabbed him and pushed him.

“Garda O’Brien stumbled backwards from the impact. Garda O’Brien drew his baton and struck him on his left thigh, shouting at him to get back.

“Both ended up on the ground. Mr Kepple attempted to grab the guard by the throat with his left hand as he lay on his side on the ground and he dug his nails into the guard’s arms,” Sgt Lyons said.

In a statement from the guard, he said: “Mr Kepple grabbed me by the collar and was pushing my neck upwards with his knuckles.” It was only with the assistance of garda colleagues that the appellant was arrested.

'A bad case'

Defence solicitor, Frank Buttimer, accepted: “It is a bad case, no doubt about it. We’re all aware of matters in the public domain about members of An Garda Síochána.

“He fully accepts responsibility for everything, for the assault on the garda. He says he was so intoxicated he has very little recollection of it. Ultimately, it is his own responsibility.

“He was senseless from alcohol and sought to intervene unlawfully in the lawful activities of the gardaí. He pleaded guilty and he has communicated his heartfelt remorse to Garda O’Brien.

“I can truly tell you he is remorseful. He has an acute understanding of what the guards have to do. He went way across the bounds. He caused embarrassment for himself and his family.

“He is a working man. In reality, I would suggest he has a very, very good track record from over the years. He has gone through his life as a productive individual.” 

Judge Boyle said: “I think the District Court sentences were appropriate and I affirm them.”