A man with two previous convictions for assaulting gardaí appeared at Bantry District Court on two charges of assaulting officers called to deal with a domestic incident.

Andreas Babic (48) of Toormore, Castletownbere, was not charged with any offence relating to the domestic incident because the complaint was withdrawn, but he was charged with assaulting Gda Albert Sweetnam and Gda Mark O’Donovan.

The accused was in court when the case was called and his solicitor, Flor Murphy, entered a guilty plea to a charge of resisting members of the gardaí in the execution, as well as assaulting both officers at Knockoura, Castletownbere on July 28th last.

Sgt Tom Mulcahy said Gda O’Donovan and Gda Sweetnam were called to attend a domestic disturbance shortly before 9pm that night and when they arrived they found a packed bag, containing some of the accused’s possessions, had been placed in a dishwasher outside the house, and set on fire.

According to the sergeant, the machine was smouldering when the officers arrived. He said they went into the house where the accused was asleep on the couch and they asked him to leave the premises because the occupant was in fear.

‘He was slow to wake, and it was obvious that he was very intoxicated,’ said the sergeant. ‘Again, gardaí told him he was not welcome in the house and that he had to leave.’

Sgt Mulcahy described to Judge Joanne Carroll how the accused ‘squared up and struck out at the gardaí. ‘Such was the level of aggression that Gda O’Donovan had no option but to deploy pepper spray,’ he added.

‘Andreas Babic violently resisted arrest and struck Gda Sweetnam on a number of occasions.’

The accused then took off his short, made threats, and roared at the gardaí. In fact, Sgt Mulcahy said Andreas Babic was ‘abusive to everyone.’

The gardaí at the scene called for assistance and it was Gda O’Shea who spoke to the accused, who had taken umbrage at having been pepper sprayed, and the accused agreed to sit into the garda van and be taken to Bantry Garda Station.

Flor Murphy said his client has since apologised to everyone concerned, knowing that his behaviour on this occasion was ‘totally unacceptable.

‘He was in quite an agitated state and was very intoxicated,’ Mr Murphy said on behalf of his client who had been fishing out of Dingle but is now involved in inshore fishing in Castletownbere.

The solicitor pointed out that his client had spent one month in custody and had to apply to the High Court to get bail.  Sgt Mulcahy also acknowledged that the two previous assault charges against the gardaí were ‘minor in nature.’

On this occasion, Judge Carroll said the accused demonstrated ‘ferocious anger towards people doing their duty. ‘When gardaí go out to domestic situations they don’t know what they are going to find,’ she said.

Judge Carroll said the offences warranted a prison sentence and she imposed a four-month term on each of the three charges, to run concurrently.

‘This was a very significant public order matter and he previously had the benefit of a suspended sentence,’ the judge noted. Mr Murphy asked for recognisances to be fixed for an appeal of the conviction to the circuit court.

Funded by the Courts Reporting Scheme.