Drunk dad-of-seven who became aggressive to gardai was suffering from ‘delirium’

A man who had to be pepper-sprayed and batoned after aggressively approaching gardai in Inishowen was suffering from “drunken delirium”, a court has heard.

Samuel McGinley, of Maghernappin, Convoy, pleaded guilty at Buncrana District Court to two Public Order charges, including engaging in threatening, abusive words or behaviour with intent to provoke a breach of the peace.

The court heard how the 41-year-old has 22 previous convictions but is now attempting to rebuild his life and become a “role model” for his seven children.

Defence solicitor Rory O’Brien said Mr McGinley, who was present in court with his partner, wished to enter a guilty plea at the earliest available opportunity.

Sergeant Conor Mulkerns outlined the evidence for the prosecution. He explained how Sergeant Michael Devlin had observed Sam McGinley walking towards the Derry border, coming from the scene of a road traffic incident, at Dundrain, Burnfoot, on Saturday, June 7, 2025, at 5pm.

Mr McGinley was highly intoxicated and unsteady on his feet. Sgt Devlin stopped to speak to him, but he immediately became aggressive, using abusive language. He came towards Sgt Devlin aggressively, ignoring commands to get back.

Sgt Devlin was then forced to use his baton and pepper spray, and Mr McGinley was subsequently arrested under Section 24 of the Public Order Act.

The accused was conveyed to Buncrana Garda Station, where he was charged and bailed, and upon leaving the station, he apologised for his behaviour.

Sgt Mulkerns further revealed how Mr McGinley has 22 previous convictions, the most recent of which dates back to 2022.

Defending the case, Mr O’Brien asked the court to note a number of factors in relation to mitigation, including an “exceptionally early guilty plea” on the part of his client.

“He was in the company of someone else. Alcohol had been consumed, and circumstances arose which resulted in an accident occurring. Mr McGinley had been drinking significantly and has little to no recollection of events.”

“He somehow found himself in this vehicle, which was owned by a friend. After the accident occurred, he arose and made his way from the scene.”

“He was unconscious briefly and then came to. He subsequently emerged shocked and suffering from all sorts of delirium due to the combination of alcohol and being involved in the accident.”

Mr O’Brien said his client was confused rather than being deliberately difficult.

“He was disoriented. He wasn’t purposefully trying to be belligerent; he was simply trying to make sense of everything that had just happened to him.”

“Clealrly, once Mr McGinley came to his senses, he apologised profusely. He did not understand what had happened, given the heightened state of confusion following the accident. He accepts his wrongdoing in relation to this, and he has apologised to the Sergeant.”

The defence solicitor said Mr McGinley struggles with alcohol but is now “dedicated to righting himself”.

“He tells me that he has had a difficulty with alcohol in the past; that has been a feature of his adult life. He has taken steps to try to resolve that, including a stint in rehab ten years ago. However, that ongoing difficulty is still there for him. He has addiction problems and alcohol-related issues.”

“Mr McGinley wants to put his best foot forward in life and maintain a positive influence on his children. He wants to better himself. He tells me he’s in a more positive place now; he’s in a very strong relationship, and he’s being a role model for his children.”

Mr O’Brien further told the court that his client doesn’t work because of a “significant back problem from a number of years ago” but that he’s a carer for his seven children, who he sees every second day.

The solicitor suggested that the vast majority of his client’s previous convictions were of a “considerable vintage”.

Sgt Mulkerns agreed: “He has a chequered past – but to give him his credit, this incident aside, over the past number of years, he has gotten himself back in some order.”

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Judge Emile Daly said it was concerning that Mr McGinley was still “actively addicted” to alcohol and didn’t seem to be fully addressing his issues.

“What is being put forward essentially is that the accused suffers from alcohol addiction and yet he isn’t doing anything in terms of treatment to manage that addiction.”

“It may be the case that Mr McGinley thinks he doesn’t need treatment or that the treatment he got ten years ago was enough – but clearly it’s not. These are matters that the guards shouldn’t have to deal with.”

The judge accepted that he entered an early guilty plea.

She imposed a conviction and a fine of €500, with eight months to pay, on the more serious Section 6 breach of the peace offence.

On the separate Section 4 charge of public intoxication, Judge Daly directed Mr McGinley to make a €100 contribution to the Buncrana St Vincent de Paul, which he did, and the matter was then struck out.