Newtowncunningham man who assaulted garda avoids prison

A Donegal man who assaulted a Garda and ripped his uniform has avoided a prison sentence.

Sean McGrath appeared at Letterkenny District Court after he assaulted Garda Tom McNally.

The 53-year-old man is accused of a number of offences which happened on Main Street in the village of Newtowncunningham just days before Christmas on December 22, 2020.

McGrath was charged with assaulting Garda McNally, the charge being Contrary to Section 2of the Non-Fatal Offences the Person Act.

During the altercation, McGrath is accused of damaging the uniform rain jacket of Garda McNally which cost €50 to repair.

On the same date he is charged that he did engage in threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace.    

McGrath, of Woodthorpe, Newtowncunningham, is also charged with interfering with Garda Jamie McGroary, an officer acting in the execution of his duty.

McGrath's solicitor Mr Patsy Gallagher said a probation and welfare report had been carried out on his client and that he was happy to go with all its recommendations.

Judge Eiteain Cunningham said she too had read the report but said that these matters were serious in the light that a Garda had been assaulted during the course of his duty.  

She added that she accepted that the accused man had taken steps to progressing his life but reiterated that these were serious matters before the court.

On the Section 2 assault on Garda McNally, Judge Cunningham said she was sentencing McGrath to four months in prison.

However, she suspended the sentence for 18 months on the condition that he enter a Section 99 bond and adhere to all the conditions laid out in the probation report. Judge Cunningham took all the other charges into consideration.