Cork man in row with neighbour tried to kick out at gardaí
For Picture: A Accused Execution Fined In €450 Linehan Duty The Acting Garda Was Resisting Of His Dan
A 53-year-old man who got involved in a row with a neighbour tried to kick out at gardaí who arrived at the scene to investigate.
Sergeant Gearóid Davis described the background to the incident which gave rise to the charge to which Anthony Kirby, 53, of an apartment at North Abbey Street, Cork, pleaded guilty.
Mr Kirby admitted that on November 1, 2024, he did resist Garda Eric Stafford, a peace officer acting in the execution of his duty, knowing or being reckless that he was a peace officer acting in the execution of his duty.
Judge Mary Dorgan said she would impose a €450 fine on the accused.
The judge told him it carried a possible sentence of six months because of the seriousness of the charge. However, she took into consideration he had no previous convictions for anything of this nature and had gotten to this stage in his life without any such difficulty. The judge also took into consideration the guilty plea.
Sergeant Gearóid Davis said the incident occurred on November 1 when gardaí responded to a call to the area. On arrival at North Abbey Street, the defendant was being restrained on the ground. Gardaí took control of the situation and tried to investigate what had happened.
“The defendant made a number of attempts to kick out at gardaí. He had to be restrained on the ground by gardaí until he was completely calm.
“All persons at the scene were separated and spoken to individually. The defendant had to be handcuffed while being spoken to by gardaí and continued to be aggressive in his behaviour,” Sgt Davis said.
Shane Collins-Daly, solicitor, said: “There was some difficulty with a neighbour of his. He alleges he was assaulted as part of this. When guards tried to take control of the situation he did not allow them to do so. He was agitated and upset.”
Judge Dorgan said: “It was a bit more than that — he was kicking out at guards.”
Mr Collins-Daly said Mr Kirby had an alcohol problem which he was not addressing, in connection with which he is now attending meetings every day.