Man involved in altercation knocked a garda to the ground

A 44-year-old man has been fined for attacking another man and refusing to comply with the order of a garda who was knocked to the ground in the altercation.

John Paul Conaghan of 344 Upper End, Mountcharles was not present for the hearing in Donegal District Court on Wednesday, October 2. He was charged with aggressively engaging in a physical confrontation with another, and failing to disengage when required to do so by gardaí. 

The offence is contrary to Section 5 (1)(a) of the Criminal Justice (Public Order) Act 1994 as amended by Section 22 of the Intoxicating Liquor At, 2008

The incident took place on the Diamond, Donegal Town on April 22, 2023. 

Garda Brendan Waters gave evidence that on April 22, 2023 at 1.20am, he received a report of a fight taking place at Apache Pizza on the Diamond, Donegal Town.

“I observed a man running from Apache Pizza to the front of the Abbey Hotel,” he said. “He attacked another male,grabbed him and tried to strike him. 

“I got out of the patron van. Asked him to let go. He refused. I tried to stop him and got knocked to the ground. Again he refused.”

Garda Waters said it was a Friday night and there was a large amount of people in Donegal Town at the time. 

Conaghan was arrested and issued with a Fixed Charge Notice (FCN) which has not been paid.

Inspector Angela Cummins told the court that the defendant had 14 previous convictions including for public order offences in 2008 and 2009. There were also road traffic offences including drink driving and driving without insurance in 2020. 

Judge Sandra Murphy said she was concerned about the defendant’s lack of engagement with the court and with his solicitor. However, she said that issuing a bench warrant would not be appropriate in respect of a FCN.

The judge imposed a conviction and fine of €750.