Jail for man who spat at gardai who came to his aid in prison cell
A man who spat on two gardaí who came to his aid in a custody cell has been jailed for two months.
Trevor Robinson (34), of Navan Road, Dublin 7, pleaded not guilty at Dún Laoghaire District Court to two counts of assaulting Gardaí, contrary to Section 2 of the Non-Fatal Offences Against the Person Act 1997.
The court heard heard that the incident took place at Dundrum Garda Station shortly after 2am on February 21, 2023, following Robinson’s arrest for a public order offence.
The court heard that gardaí found Robinson in a highly distressed state, lying partially under a mattress. He was described as shouting, abusive and physically aggressive. When officers entered the cell out of concern for his safety, the court heard that Robinson became combative and spat at Garda Fergus Holly and Garda Anthony Browne.
Garda Browne told the court that he heard a spitting sound and felt it land on his back and neck. He also said he witnessed Robinson spitting directly at Garda Holly.
Defence barrister, Sylvia Crowley BL, said her client had been extremely intoxicated and “quite unwell” at the time, describing his behaviour as “almost manic” and possibly linked to hallucinogenic substances.
She argued the spitting may not have been deliberate, but happened amid shouting and disorientation. This claim was rejected by the gardaí.
In convicting Robinson, Judge Conor Fottrell said: “This man spat at gardaí who were trying to protect him from himself. That is not acceptable. Gardaí were doing their duty and attending to a vulnerable individual who was acting in a way that was clearly dangerous to himself.”
He noted that the assault took place “in the context of a serious incident” and described Robinson as “jumping up and down” and behaving in a “volatile” manner.
“The gardaí were left in the position of having to manage a chaotic and unsafe situation,” he added.
Judge Fottrell said he was “satisfied beyond a reasonable doubt” on both counts and imposed a two-month prison sentence.