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Louth driver threatened to burn garda's home following his arrest

By Francis Carroll, The Drogheda Independent

The Drogheda Independent

A man said, “Good, she deserves it”, on hearing that a garda involved in his arrest had to be taken to hospital, the circuit court has been told.

Pádraig Smith (41) then threatened to seek out the officer and burn her house.

The defendant, of Mountain Court, Point Road, Dundalk, pleaded guilty to obstructing a peace officer and threatening to cause criminal damage.

Public order charges of using or engaging in threatening, abusive or insulting behaviour or words and failing to comply with the direction of a garda are to be taken into consideration.

The State entered a “nolle prosequi” (no prosecution) in respect of a charge of assault causing harm.

Mr Smith was remanded on continuing bail to April 13 for a probation report and mitigation when he appeared before Judge Sinéad McMullan in Drogheda.

Evidence was given that the defendant became angry when told that his car was going to be seized, and struck the garda in the face with his swinging arms.

The officer was unable to return to work and retired from the force on medical grounds following an incident which occurred during the Covid pandemic at The Ramparts, Dundalk, on December 15, 2020.

Gda Ken Bogan said that he was on duty with a colleague when he saw the driver of a Ford Fiesta using a mobile phone.

Pádraig Smith was behind the wheel and was initially co-operative when he pulled in.

He only had a provisional licence while a passenger didn’t have a full licence.

Gda Bogan said that tax and insurance on the car were expired, and it had no NCT.

The defendant claimed he was insured. He gave the officer the key but the engine was still running with another key in the ignition. He said that he had handed over the spare key by accident.

The man was told that the car was going to be seized. He confirmed at that point that the vehicle was uninsured.

Gda Bogan continued that Mr Smith became angry, saying, “F**k off. You’re not taking my car.”

He was highly agitated and when directed to resist, said, “You’ll do nothing, garda. It will take more than you to arrest me.”

Gda Bogan said that the defendant walked close to his colleague. He was not wearing a face mask and began shouting in her face.

She stepped back and put her arm out. Mr Smith was using expletives as he approached her in an aggressive manner.

Gda Bogan said that he became concerned for the other officer’s safety.

The defendant aggressively resisted arrest. He was swinging his arms to ensure he couldn’t be handcuffed.

He struck the victim in the face, injuring her and knocking off her glasses. Blood was coming from her nose and she had a cut under an eye around which bruising developed.

She was finding it hard to keep her balance and her vision was effected.

The accused was trying to push the guards away. The witness said that he called for back-up.

Following his arrest Mr Smith said, “I didn’t do anything”, under caution.

He continued to be abusive at Dundalk Garda Station, and said to the member in charge, “Good, she deserves it,” on being informed that the garda had been taken to hospital.

"I’m going to find where that fat bitch lives and burn it down. I don’t care. I’ll do 10 years for it,” he added.

The defendant was assessed by a doctor, then charged as he awaited an ambulance.

"I’m not accepting these charges. I don’t want these pieces of paper. You’ll get what’s coming to you,” he said.

The court heard of four previous convictions under the Misuse of Drugs Act and Public Order Act.

Cross-examined by barrister Stephen Faulkner, instructed by solicitor Fergal Boyle, Gda Bogan said that Pádraig Smith’s behaviour was “reckless rather than deliberate”.

He had sought medical attention. A doctor said he should go to hospital but he didn’t. He attended his GP.

No event had occurred at the garda’s home.

The defendant, a father of young children, had no subsequent convictions, Gda Bogan added.

In a Victim Impact Statement, the garda said that she was unable to return to work and retired on medical grounds in July 2024.

Mr Smith had roared into her face without a mask, and displayed “extreme resistance”.

She had a fear of meeting him. She had lost out on her career.

What occurred was exacerbated “when he threatened to burn my house”. Her spouse was on edge. They had two security cameras installed.

She moved to the United States due to her in-laws’ deteriorating health. She avoided social interaction when possible.

"I miss my job and my colleagues,” the statement concluded.