A district court judge has warned that any person who knowingly assaults a garda can be assured of an automatic prison sentence.
Judge Timothy Lucey made his comments at Kildysart District Court in Co Clare yesterday before he sentenced two men to 10 months in prison for assaulting two armed detectives as they searched a flat in Kilrush last Sunday night.
Anthony Kelly (25), Casey's Flats, The Square, Kilrush, and his cousin John Doyle (25), Wood Road, Kilrush, pleaded guilty to assault charges.
Det Sgt David Sheedy said he and his colleague, Det Garda Michael McDonagh, were assaulted as they attempted to search the flat where Kelly lived.
Sgt Sheedy told the court that he and Garda McDonagh went to a complex known as "Casey's Flats" to execute a search warrant under Section 29 of the Offences against the State Act. "As we approached the flat, Mr Kelly was standing at the outside door," he said.
Sgt Sheedy said Kelly entered the building and closed the door behind him. The detectives used force to gain entry and went upstairs. On entering the flat, Kelly, who was drunk, "attacked me by kicking and punching out".
Sgt Sheedy continued: "After a struggle I managed to restrain Mr Kelly to some extent. Shortly afterwards, Mr Doyle entered the flat and Mr Kelly became violent again. There was a violent struggle and we were put to the pin of our collars," the sergeant said. "When reinforcements arrived, we managed to restrain Mr Kelly and continue with our search of the flat."
In his evidence, Garda McDonagh outlined the injuries he sustained when he was "pushed three times" by Doyle. He was "pinched or bitten" in the left arm and suffered pain to his left arm. The detective also offered to show the judge an injury to his shoulder.
During the struggle, a woman and a youth entered and "we realised we were outnumbered." The youth began swinging a brush handle and locked himself into the lavatory as Garda reinforcements arrived.
The two men have 39 previous convictions. The court was told Kelly had 26 convictions for public order offences, as well as drugs offences and taking a car.
Doyle had 13 previous convictions for assault, larceny, public order and criminal damage offences. The court was also told he had only recently been released from hospital after he attempted to take his own life.