An “extremely intoxicated” man who spat and struck out at gardai while he was in the back of a patrol car has been sentenced at Limerick District Court for twice breaching section 19 of the Public Order Act. David Duggan, with an address at 566 O’Malley Park was before the court in relation to an incident dating back to October 23, 2010. Garda evidence was given by Sgt Donal Cronin who told the court that the accused man was observed to be unsteady on his feet and extremely intoxicated.
Mr Duggan was said to have become extremely abusive to gardai and members of the public during his arrest.
The court heard that Mr Duggan was placed in the patrol car and he subsequently spat at the gardai in the front seats and attempted to strike out at them while attempting to bite another garda.
He was said to have been highly abusive throughout the incident.
Judge Eamon O’Brien on hearing the evidence said “he sounds like a charming individual”.
The court heard the assault was limited to the confines of the back of the patrol car with Judge O’Brien commenting that indeed the accused must be “very agile”.
With 55 previous convictions and aged 44, Judge O’Brien said that “you would have thought that at his age he would have retired from criminal activity”, while Ted McCarthy, solicitor said that his client had been fighting alcoholism for many years.
However, Mr McCarthy added that his client was recently married, was no longer resident in Limerick and had since turned over a new leaf.
Mr Duggan was said to “have found someone to assert influence and control in his life”.
A hand-written letter of apology was handed into the court and aside from its content, Judge O’Brien said that Mr Duggan’s handwriting was indeed better than his own and that of many of his colleagues. Mr McCarthy added that it was better than many in the entire legal fraternity. The apology letter was accepted and Judge O’Brien took all the evidence into consideration and convicted the accused to nine months in prison but suspended it for a period of two years pending good behaviour.
