A bus driving instructor who tore a clump from the head of a female Garda, and “rushed” at another female officer, causing her injury, has avoided jail.
The Circuit Criminal Court heard how Stewart Kelly of Parnell Sq. Dublin 1, disembarked from a flight from London to Dublin on the 14th of October last before he became involved in an argument with airport police over where to catch a taxi.
Sergeant Michael Martin of Ballymun Garda Station gave evidence in relation to the arrest of the assault who was “highly intoxicated” at the time.
After he was arrested and conveyed to Dublin Airport Garda Station he was found to be in a “difficult psychological condition” with the court hearing that he attempted to do “serious” harm to himself in the cell.
Arresting Gardaí described the accused as “somewhat aggressive” in custody and how he was “banging his head of the cell wall”.
Having discovered the accused in this state, Garda Danielle Black, who was later subjected to assault causing harm, hit the station panic alarm, but when this didn’t work, shouted for help.
Officers Jennifer Craven and Anthony Boyle came to her aid and the situation was diffused. The accused expressed a wish to make a phone call from his own phone, but when he was brought back to his cell he began resisting before a “significant and prolonged struggle” ensued.
When Garda Black got the accused back into the cell he reached out through the hatch and pulled a clump of hair out of her head, which Sergeant Martin said was a “significant clump”.
The court heard that Garda Black suffered pain in her neck and back.
The accused also assaulted Garda Craven by throwing his head back in order to strike her in the course of trying to remove his cuffs. He also showed her into a wall causing her to hit her ribs, left knee, and the left side of her face. After being brought to Our Lady of Lourdes Hospital, she was found to have suffered soft tissue injuries.
Kelly’s defending counsel, Keith Spencer BL told the court that his client had returned to Ireland after his mother has suffered a heart attack, and that he had consumed some alcohol while on the plane.
The former bus driver turned instructor was “very emotional” at the time and has experienced recent hardships such a separation from “his husband” in 2022, Mr. Spencer said.
He had been living in London for some years and now “wants to put his life back on track”.
He has written a letter of apology and, despite his current state of unemployment, has prepared €1,000 as a symbol of his remorse.
Judge Nolan said that the accused had been intoxicated “for reasons only known to himself”, and that he had attacked Gardaí who were “trying to help him”.
He was “drunk and distressed”, if not for which the court expressed doubt that the incident would have taken place.
The court said that the accused did not deserve a custodial sentences before passing a suspended sentence of 18 months on condition of good behaviour, that he submit the €1,000, and enter into a bond of €100.