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Friday 23 February 2018

Driver told garda he'd spit 'HIV blood' into his face

A banned driver told a garda he had HIV and would spit blood in his face after the officer told him his car was going to be seized. Stock photo: PA Archive
A banned driver told a garda he had HIV and would spit blood in his face after the officer told him his car was going to be seized. Stock photo: PA Archive

A banned driver told a garda he had HIV and would spit blood in his face after the officer told him his car was going to be seized.

David O'Leary (35) behaved appallingly on the night and uttered the "nastiest of threats", a judge said.

Judge Anthony Halpin ordered O'Leary to complete 80 hours of community service in lieu of two months in prison.

The judge adjourned the case to next month to see if O'Leary, of Ferryman's Crossing, Dublin 1, was suitable to complete the community service.

Gda Eoghan O'Connor told Dublin District Court he stopped O'Leary at Fairview Strand last June 12 because he noticed the front left tyre of the vehicle was unfit for use.

Gda O'Connor then saw that there was no insurance or NCT on the car and he told O'Leary the vehicle was going to be seized.

Aggressive

He said O'Leary immediately became verbally abusive towards his colleague, Sgt Ray Byrne.

Gda O'Connor told O'Leary to step back and the defendant became aggressive towards him, threatening to bite his lip and spit blood in the garda's face.

He said O'Leary also told him he had HIV.

The court heard the defendant had 114 previous convictions.

O'Leary's defence lawyer said his client, a father-of-one, was the sole carer for his mother, who suffers from lung problems.

He said the defendant had battled a heroin problem since he was a teenager and had left school before his Junior Cert.

O'Leary had been a promising boxer as a youth, but then his addiction took over.

The court heard the defendant was now on a methadone course, had not been in trouble for over two years and was focused on "working through his issues".

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