Young men in Donegal melee with gardaí advised to ‘carefully consider’ their plea

Three men allegedly involved in a late night altercation which left gardaí injured have ‘a big decision to make,’ a district court judge has warned.

They will have to decide between pleading guilty and having the case dealt with in the district court, or contesting it and facing a circuit court jury trial and the possibility of more serious sanctions.

At a recent sitting of Donegal District Court, a further charge was brought against three of the men in regard to the incident alleged to have taken place in Donegal Town on October 6, 2024. Gardaí were escorting a group of males from a take away when they became aggressive, resulting in a melee which left three officers injured.

Michael Flanagan, 21, of Bruscacnagh Road, Roslea, Fermanagh is charged that he assaulted Trainee Garda Reece Maldrum, assaulted Gadra Alan Gallagher causing him harm, and assaulted Garda Gerard James Curtis, causing him harm. He is also charged with threatening, abusive or insulting behaviour, and with being intoxicated to the extent of being a danger to himself or others.His brother Darragh Flanagan, 18, of 46 Ervey Road, Eshnakerins, Roslea, Fermanagh is charged with assaulting Garda Alan Gallagher and causing him harm, and assaulting Trainee Garda Reece Maldrum as part of the same incident. He too is charged with threatening, abusive or insulting behaviour, and with being intoxicated to the extent of being a danger to himself or others.

At the recent court sitting, the court heard that the Director of Public Prosecutions (DPP) directed summary disposal on a guilty plea only. This means that the matter can be dealt with in the district court.

Garda Gallagher gave evidence that he had been off work for two months due to an injury to his thumb.

In deciding whether she was happy to deal with the matter at district court level, Judge Éiteáin Cunningham said: “It is at the upper end of this court's jurisdiction  in my view. But I will accept jurisdiction.” 

Mark Hughes, 20, of 11 Dressoge Road, Maguiresbridge, Fermanagh is charged with obstructing a peace officer Garda Gerard James Curtis. He is also charged with threatening, abusive or insulting behaviour, and with being intoxicated to the extent of being a danger to himself or others.

At the most recent court sitting, Garda Alan Gallagher gave evidence of arresting the men that morning at the courthouse for the purpose of charge.

It is alleged that Hughes and both the Flanagan brothers committed disorder together, that they used or threatened to use unlawful violence in a manner that would cause a person to fear for their own or another person’s safety. The offence is contrary to Section 15 of the Criminal Justice (Public Order) Act, 1994.

The DPP again directed summary disposal on a guilty plea only.

Judge Cunningham adjourned the matter to January 26 when the three men will indicate their plea.

“They will have to carefully consider their position,” she said. “When members of An Garda Síochána are injured in the course of their duty, it is a very serious matter.”

A fourth defendant, Darragh Clerkin, 24, of 53 Deerpark Road,Derryheanlish, Roslea, Fermanagh is charged that he resisted or obstructed Garda Paul Leape in the execution of his duty. He faces charges of  threatening, abusive or insulting behaviour, and with being intoxicated to the extent of being a danger to himself or others on the same occasion.

The DPP has directed that the matter be dealt with by way of summary disposal. The case was adjourned to December 3.