Defendant’s verbal abuse and obstruction of gardaí was ‘beyond obnoxious’

A district court judge has described as ‘beyond obnoxious’ the behaviour of a 44-year-old man who threw a glass of water in the face of a garda sergeant while in custody. 

He also subjected a number of gardaí to a tirade of verbal abuse.

Paul O’Mahony of 14 Pine Lawn, Newtownpark Avenue, Blackrock, Dublin was before Ballyshannon District Court on Friday, October 18. He is charged that on March 17, 2023 at Ballyshannon Garda, he refused to give a specimen of blood or urine. He is further charged with obstructing Sergeant Sean Smith in the execution of his duty on March 18, 2023 at Ballyshannon Garda Station. 

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O’Mahony’s solicitor Frank Murphy told the court that his client was pleading guilty to the offences, 

Inspector Sean McDaid outlined how gardaí on patrol noticed a van which pulled in and parked.

“By the time the garda got to him the driver was asleep in the van,” said the inspector. 

The motorist was arrested on suspicion of drink-driving.

“He was very aggressive and told gardaí to f**k off, this is bulls**t,” said Inspector McDaid. 

“He was searched for own safety and that of gardaí, and became very abusive and attempted to leave.”

The defendant continued to be abusive and obstructive while gardaí handcuffed him and brought him to Ballyshannon Garda Station where the verbal abuse continued.

“He called them ‘corrupt Donegal guards’ and repeatedly told them to f**k off,” said the inspector.

A designated nurse was called for the purpose of obtaining a sample of blood or urine.

“He refused to provide any specimen for the designated nurse,” said Inspector McDaid.

The defendant was placed in a cell to sober up, and Sergeant Smith took him a glass of water. 

“Paul O’Mahony took it and threw it in Sergeant Smith’s face,” said the inspector. 

“He continued to be abusive, calling them ‘corrupt garda pricks.’”

The court heard that the defendant had no previous convictions. 

Solicitor Frank Murphy said there was a stark contrast between what happened on the night and someone with no previous convictions. 

He said O’Mahony did not recall the events outlined but was horrified by his actions.

Mr Murphy outlined how his client had been going through a difficult period at the time. He was in Bundoran to take part in a rowing event in aid of the National Children’s Hospital.

“He went to a local public house and indulged in the extreme,” said Mr Murphy.

“The way he has met it is a credit to him. He hasn’t indulged in alcohol since and has engaged in counselling. 

“He is one of the most remorseful gentlemen I have come across.”

O’Mahony took the stand and apologised to Sergeant Smith and his colleagues.

“I am remorseful for my actions that night,” he said. “I didn’t realise the extent of my behaviour till I read the statements.”

Judge Murphy asked why the defendant had not apologised to gardaí in the intervening 18 months.

The defendant replied: “I wasn’t sure what the procedure was. 

“It's an awful thing to think that I can be so abusive to people who are protecting their communities. I didn’t think I had that in me.”

Judge Murphy said she was concerned about the extremity of the behaviour.

“It goes beyond obnoxious,” she said. “Gardaí were just trying to do their job and this was very constructed abuse as far as I am concerned.

“Gardaí are entitled to be safe in their place of work and while they protect people from Mr O’Mahoney’s driving.”

The judge adjourned the matter to December 20 to allow for the preparation of a probation report.