Charge of assaulting garda to be dismissed if court poorbox donation is made

A man who assaulted a garda at a Covid checkpoint will have the charge dismissed on condition that he makes a €500 charitable donation.

Conal McDevitt, Stranaclough, Glenties was before Donegal District Court on Wednesday. He had previously pleaded guilty to assaulting Garda Michael Connolly at Abbeylands, Ballyshannon on April 4, 2021. He also admitted having no motor tax on the vehicle he was driving, and of failing to give gardaí his name and address.

The case was adjourned from last month after Judge Sandra Murphy said she did not believe the defendant was taking the matter as seriously as he should.

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When the case was heard at a court sitting in October, Inspector Seamus McGonigle said gardaí had been conducting a Covid checkpoint when the defendant approached. The tax on the car he was driving had expired in 2019.   

“Garda Connolly asked if he had insurance,” said the inspector. “The defendant replied, ‘Sure I am only taking it out for a drive. I will tell you something, you won’t be taking the f**king car off me.’”

Garda Connolly informed Conal McDevitt that the car was being seized. The defendant refused to get out of the vehicle when asked to do so. 

The court heard that when Garda Connolly put his hand into the vehicle to take out the keys, the defendant grabbed his wrist and twisted it, and a second garda had to assist his colleague.

Inspector McGonigle said that the defendant continued to be verbally abusive, the details of which he was reluctant to repeat in open court. 

McDevitt refused to give his name and address to gardaí and left the scene on foot, shouting, ‘You are nothing but a shower of useless pricks.’
Solicitor Eunan Gallagher said of his client: “He apologises unreservedly to the garda. He contacted the Garda Station the day after the incident but didn’t get to speak to Garda Connolly.

“He accepts that the assault on the garda shouldn’t have happened. Unfortunately he acted very inappropriately.”

Judge Murphy said: “This incident happened in April 2021. I am not hearing that he apologised. He has had plenty of time since then to contact Garda Connolly. 

“The court takes this extremely seriously, an assault on a garda and abusive behaviour and little or no attempt to apologise to Garda Connolly. To say that he ‘acted inappropriately’ is a very mild version of what happened in my view.”

Judge Murphy adjourned the matter to November 2, saying: “I am looking for insight, remorse and an apology and I am not seeing it. But I will give him the opportunity to do that.”

At Wednesday’s court sitting, Mr Gallagher said his client had since contacted Garda Connolly and apologised.

The solicitor stressed that McDevitt’s behaviour was very much out of character and that he was taking the matter very seriously. 

“He has a close working relationship with gardaí in Glenties,” said Mr Gallagher. “He has an unblemished record and nobody is more surprised than himself to find himself in this situation.

“I ask you to give him the benefit of any leniency you can. You won’t see him before the court again.”

Inspector McGonigle confirmed that the defendant had apologised to Garda Connolly, who accepted that the behaviour was out of character. 

“Garda Connolly said if a donation was made to Donegal Hospice in memory of the late Garda Charlie Gallagher, he would be happy with that,” said the inspector. 

Judge Murphy stressed the seriousness of an assault of a member of an Garda Síochana, but added: “I take into account that the state accepts that it is a once off.”

She dismissed the matter under Section 1.1 of the Probation of Offenders Act.

A charge of not having motor tax was struck out on the basis that the defendant did not own the vehicle, that the registered owner was deceased, and that the car had been taken off the road. 

The charge of failing to give his name and address to gardaí was also stuck out. 

Judge Murphy adjourned the matter to November 28 to allow the defendant time to make the donation of €500 to Donegal Hospice in memory of the late Garda Charlie Gallagher.