This article is from page 12 of the 2013-04-02 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 12 JPG
A MAN who head-butted a garda after an all night drinking session has been ordered to carry out 100 hours of community service.
Ennis Garda Colin Egan sustained a chipped tooth after he was assaulted by John Nihill (25) at the Hawthorns Estate at 9am on New Year’s Day.
Mr Nihill, with an address at 25 the Hawthorns, Limerick Road, Ennis pleaded guilty at Ennis District Court on Wednesday to assault causing harm.
He also pleaded guilty to a charge of unlawful possession of cannabis.
Inspector John Galvin told the court that gardai were called to a disturbance at the house on the morning of New Year’s Day.
He said Mr Nihill was very aggressive and appeared to be under the influence of an intoxicant.
Insp Galvin said the accused jabbed his finger at Garda Egan, telling him, “I’ll do you if you come out from behind that uniform.”
Mr Nihill was arrested. As he was being led away from the house, the court heard, Mr Nihill lunged forward and head butted Garda Egan in the face.
Gardaí used pepper spray to restrain Mr Nihill.
Insp Galvin said Garda Egan suffered a chipped tooth but was back to work within a day or two of the incident.
Gardaí searched the house and found cannabis valued at € 40, that Mr Nihill said belonged to him.
Defence solicitor John Casey said his client had been drinking since 6pm on New Years Eve and had stayed up all night playing poker with friends.
An ambulance attended the house after Mr Nihill’s partner injured her foot in a fall, the court heard.
Mr Casey said his client, a father of one, became agitated when gardaí arrived at the house.
He said Mr Nihill has “no recollec tion” of the incident.
Mr Casey continued, “He normally has the demeanor of an extremely quite person…He aplogises fully and frankly for his behaviour on that morning. He has no explanation for it.”
Mr Nihill hasn’t drunk alcohol since the incident, the court heard.
Judge Patrick Durcan said gardaí had been subject to Mr Nihill’s intimidatory nature on the night.
He said he was of the view that the accused should receive a prison sentence. Judge Durcan adjourned the case for a brief period to consider sentence.
When the case resumed, Judge Durcan said he had considered the matter. He said freedom was the most important right a person has.
He said he has “no time whatsoever” for people who treat gardaí with disdain and who assault and injure gardaí.
Judge Durcan imposed a 100-hour community service order in lieu of three months in prison.
He adjourned sentencing on the drugs charge for a year. He told Mr Nihill to co-operate fully with the Probation Services.
Judge Durcan added, “In my view what you did on that night was very wrong.”