Man gets five months' jail for garda assault

THE case against a Navan man charged in connection with a shooting incident in the Clogherboy area of Navan was withdrawn from a jury at the Circuit Court in Trim last week.

Stephen Darby (33), with an address at Clogherboy Park, Navan, had denied possession of a firearm with intent to endanger life at Ashbrook, Clogherboy Park, on 17th July last year. He also denied assaulting Joseph Hand, causing him hard, on the same date. Both charges were withdrawn by the State following legal argument.

However, the defendant was jailed for five months for assaulting a garda while trying to escape from custody. He admitted assaulting Donna O'Sullivan at Navan Garda Station on 11th October 2006.

Joseph Hand told the court that he went to Ashbrook on the night in question to see his girlfriend. He said he thought he had a couple of words with her in another person's house. He said there were a good few people there, including Stephen Darby.

He said a row erupted between himself and Darby and he remembered kicking the gate and a couple of thumps between himself and Stephen Darby being exchanged.

Witness said he then went home but went back to Ashbrook later with his brothers. He said he went to talk to his girlfriend and started kicking the door. He told Judge Pat McCartan that he heard windows being broken, but he didn't remember very well because he was drunk.

He said he heard shots being fired and thought they were coming from the top window but he didn't know who was firing.

Following legal argument in the absence of the jury, Mr Jonathon Kilfeather, BL, indicated that he wouldn't be proceeding with the case.

Judge McCartan told the jury that the case had been discharged. He told them that the case had depended on visual identification, and while Hand had identified the defendant in his statement, he could not now be sure.

Following the discharge of the jury, the defendant pleaded guilty to the assault on the garda.

Garda O'Sullivan told the court that she was the member in charge at Navan Garda Station on 10th October last and Stephen Darby was in custody, having been charged with other matters.

She said he asked to phone his girlfriend and, when on the phone, lunged across the room and made for the window. She said that, while he was being restrained, he punched her near the eye.

She said it took a day or two for the bruises to heal, but it took her a few months to recover from the incident as she was very scared and hadn't experienced anything like it before.

Garda John Daly gave evidence of Darby's previous convictions. He told the court that the defendant was originally from the midlands and his mother lived in Navan for a long time.

He said the defendant was well-known to the Gardai and had a history of violence.

His barrister, Mr Roderick O'Hanlon, BL, said the defendant regretted the offence, which happened in a spontaneous attempt to evade custody.