Louth man avoids jail for threatening to burn garda’s home
A 41-year-old man who threatened to burn a garda’s house has avoided jail.
Instead, Pádraig Smith was handed an 18-month suspended sentence when his case was finalised.
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 were taken into consideration.
Defence counsel Stephen Faulkner BL said at Drogheda Circuit Court that his client had displayed significant remorse for his actions and realised the impact of his threat.
"He never had any intention of carrying it out,” he said.
The father of three suffered from Crohns disease, and at the time had been under severe pressure due to adverse media attention concerning another family member.
Mr Faulkner urged Judge Sinéad McMullan not to impose a custodial sentence.
Judge McMullan said she accepted the defendant never meant to carry out his threat but the garda did not realise that.
The judge said it was aggravating that the threat had been made to a serving member of An Garda Síochána, who had been very badly affected by what happened to her.
'It was a nasty thing but I don't think he deserves to go into custody', Judge McMullan concluded, as she imposed an 18-month sentence, suspended for two years.
A previous sentence hearing was told that Mr Smith said, “Good, she deserves it”, on hearing that the garda involved in his arrest had to be taken to hospital.
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 man was told that the car was going to be seized.
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.
The defendant had no subsequent convictions, Gda Bogan added. No event had occurred at the other officer’s home.