Cork man who spat in garda's face told him he had HIV and laughed

Man later refused to give blood sample to clarify if he would test positive

Gardaí responded to a call of an ambulance crew seeking assistance with a highly intoxicated, aggressive male on Winthrop St.

 A ‘horrible assault’ saw a young man spit in the face of a garda and say to the officer, “I have HIV, ha ha, best of luck with that”.

Judge Mary Dorgan said that adding to the injury was the refusal by Gerard White, of 35 Kilmore Rd, Knocknaheeney, Cork, to take a blood test to alleviate concerns of the injured party.

“He refused to give a blood sample to clarify whether or not he would test positive for HIV. That is a significant aggravating factor. It is a particularly horrible assault — he bites the garda who is taken to hospital, and he does not even have the good grace to submit to a blood test,” Judge Dorgan said.

Sergeant Aisling Murphy outlined the background to the assault and to a second assault against another garda that was almost identical in nature.

Diane Hallahan solicitor said: “He did plead guilty. He apologised in court. He is a young man.” 

Judge Dorgan remarked: “He is not that young now. He is 26.”

Ms Hallahan said: “He was in the throes of abusing intoxicants — cocaine and cannabis — and it clearly impacted on his behaviour. It is entirely unacceptable. He is remorseful and very embarrassed over the matter. He accepts his abuse of intoxicants went out of control.” 

The solicitor outlined steps being taken by the defendant to tackle his issues in this regard.

Judge Dorgan said the issue was not one of mental health, adding: “His behaviours were bizarre. I am satisfied that what is relevant here is what he was putting up his nose, or otherwise taking.

“These offences were against people who are there to help the community and to do good in the community.” 

The judge said that she would give the maximum period of 240 hours of community service and imposed a suspended sentence of nine months.

Judge Dorgan warned Gerard White that if there was any further offence he would be going to jail. The young man said: “There won’t be.” 

Judge Dorgan said: “The only reason you are staying out of jail is that you are working and it is an opportunity to do some good.” 

Sgt Murphy said that on September 6, 2023, shortly after 10pm, Gerard White was arrested for intoxication at Dunmore Gardens, Cork. While he was being conveyed to Gurranabraher Garda Station he spat at the garda and immediately afterwards he started laughing and said he was HIV-positive.

On the morning of June 27, 2024, gardaí responded to a call of an ambulance crew seeking assistance with a highly intoxicated, aggressive male on Winthrop St. On arrival gardaí met with paramedics, who were attempting to deal with Gerard White, who had a cut to the head, in the back of an ambulance. Gerard White was being extremely aggressive to ambulance personnel and refusing to cooperate with them.

He then got aggressive, spitting in one guard’s face, saying: "I have HIV, I hope you get Aids."

During one exchange Judge Dorgan had with Gerard White at Cork District, she asked him: “This 'I have Aids' carry-on is shocking behaviour. Have you Aids?” 

He replied: “No”. The judge said: “Then why are you saying it?”