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Monday 10 December 2018

Man who attacked drugs raid gardai 'off head with rage'

Robert Smith claimed he was seized by the throat
Robert Smith claimed he was seized by the throat

A man went "off his head with rage" and assaulted two gardai searching his partner's home for drugs.

Father-of-two Robert Smith (46) struggled violently and lashed out with his head and hands while the officers tried to search the property.

Dublin District Court was told that Smith's then partner and children, as well as a "small chihuahua", were in the flat and Smith became protective and had "a rush of blood to the head".

Judge John Lindsay gave Smith a six-month suspended prison sentence.

Smith, of Fairlawn Road, Finglas, had pleaded not guilty to attacking Gda Ciaran Cummins and Gda Joseph McBride and obstructing the search of a flat in Marsfield Avenue, Clongriffin, on January 18, 2016.

Sgt Brendan Bergin said Smith was "going mad, shouting, roaring, screaming and threatening".

As he was being restrained, Smith "lunged forward" towards Gda Cummins.

Nonsensical

Sgt Bergin said he helped the two gardai in holding Smith on the couch, as he was "really kicking off."

"He was just off his head with rage," Sgt Bergin said. "He was extremely nonsensical in his behaviour."

Smith's lawyer said that his client maintained that he was not physically aggressive and he only "remonstrated with" the gardai for what he saw as their disproportionate actions.

He claimed he had been seized by the throat, "flattened on to the floor" and thrown on to the couch.

Gda Cummins told the court that the accused shouted at them to "get the f**k out" and tried to drive them back to the front door.

Smith shouted that he was going to "get" the gardai and struggled violently as they tried to handcuff him on the couch, "lashing out with his head".

Gda Cummins said Smith was "throwing his hands at us, pushing us on the chest".

The officer added that he did not recall a "small chihuahua" at the scene.

The accused's behaviour "came from protective instincts", his lawyer said. Smith did not give evidence.

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