herald

Wednesday 18 October 2017

Car passenger urged by pal to 'deck' arresting garda at scene of crash

A CAR passenger was urged to "f**king deck" a garda by the driver as he was being arrested, a court heard.

Blake Tobin (30) did not strike the garda, but he tried to pull the officer away when he was arresting his friend.

Tobin (inset) was also pushing and struggling with the garda.

Judge Hugh O'Donnell ordered a probation report and adjourned sentencing to a date in December, telling Tobin that the report had "better be a good one".

The defendant, with an address at Whitechapel Lawn in Blanchardstown, admitted before Dun Laoghaire District Court to obstruction of an officer.

The incident, contrary to the Public Order Act, took place at Church View Road in Ballybrack on January 6 last year.

Garda Hilda Lyons told Dun Laoghaire court that gardai were on mobile patrol around 9.30pm when they were called to the scene of a road traffic accident.

Gda Lyons said that when she arrived at the scene three men, one of whom was Tobin, were exiting the car and attempting to flee the scene of the accident.

The garda said that another officer approached the driver of the vehicle, who was not Tobin, and apprehended him.

Gda Lyons said the driver then urged Tobin to interfere in the arrest, shouting at him and asking him to "f**king deck" the garda.

She said that Tobin did not strike the garda, but he obstructed him by trying to pull the other man away. The court heard that Tobin also pushed and struggled with gardai, and he eventually left the scene.

The court heard that the defendant has 53 previous convictions, mostly for road traffic and public order matters. He is currently banned from driving for 40 years.

Defence lawyer Kim Moloney said that although the driver urged Tobin to hit the garda he did not do that.

DRINK

Ms Moloney accepted that Tobin has "a colourful history", saying that he has battled a problem with drink and drugs since he was 13 years old.

She said that Tobin was also in and out of care as a child and he left school at an early age without any qualifications.

Ms Moloney said Tobin is now clean of all substances and he is back living at home with his parents. He has also gone back to education and is studying for his Junior Cert.

Ms Moloney said Tobin realised he should not have interfered in the arrest of the driver of the car but it was to his credit that he did not strike the garda when he wad urged to do so by his friend.

Judge O'Donnell said he would give Tobin a chance to work with the probation services, but warned him the report must be positive.

hnews@herald.ie

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