herald

Sunday 22 October 2017

Man kicked garda in the face as he restrained sister

(stock photo)
(stock photo)

A "protective" brother kicked a garda in the face when the officer apprehended his sister during a public disorder incident on a city centre street.

Patrick Whelan (22) did not realise who the uniformed off-icer was when he assaulted him, a court heard.

Jailing him for two months, Judge Bryan Smyth said he did not think "you can get too much lower" than kicking someone on the ground.

Whelan, of Greenfort Crescent, Clondalkin, pleaded guilty to assaulting and obstructing a garda.

Gda Ian Walsh told Dublin District Court he was trying to restrain a person during a public order incident at O'Connell Street Lower at 4am on September 25 last year.

Whelan approached him and pulled him from behind numerous times, preventing him from doing his duty.

Bruising

Seconds later, while Gda Walsh was on the ground restraining the person, Whelan approached from behind and kicked him in the face.

He suffered bruising to his cheek.

Walsh was very intoxicated at the time, his barrister said.

He thought his sister was being apprehended by someone else, not realising it was a garda.

The court heard Whelan was now serving a prison sentence and hoped to become a mechanic when released.

He did not have any addiction issues but admitted he was "very inebriated" on the night and that clouded his judgment.

"Your judgment would have to be very clouded now to kick someone who is down on the ground in the face," Judge Smyth said.

Whelan had not been able to take in the information that it was a garda and he had "seen a side of himself that he's disgusted by", his lawyer said.

He said the accused has four sisters, none of whom were before the court.

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