A Dublin man with a history of substance abuse issues has been jailed for three months and three years for his part in an unprovoked violent assault on two off-duty Gardaí in the early hours of the 14th of December 2024.
On Wednesday last, the Circuit Criminal Court heard how two off-duty members of An Garda Síochána were injured after an unprovoked assault took place when they were heading home after a Christmas staff night out in December 2024.
Judge Orla Crowe heard that the two officers, Garda StephenWalsh and Garda Paul McAuley, were heading home as they walked through the area of George’s Street Lower and Dame Street in central Dublin.
As the men were walking past the Apache Pizza on Eustace Street, Kevin Murphy approached them before punching Garda McAuley in the face, causing him to fall backwards and hit his head on the curb.
Judge Crowe heard that Murphy, 34, of North Frederick Street, Dublin 1, pleaded guilty to assault causing harm on the second day of a trial at the Circuit Criminal Court and has yet to be dealt with.
A second man who was the subject of these proceedings, Johnathan O’Neill, pleaded guilty to assault causing harm contrary to Section 3 of the Non-Fatal Offences Against the Person Act 1997. He became involved in the incident when Garda Walsh attempted to assist his colleague, who had been rendered unconscious, by confronting Murphy.
The court heard that before he fled the scene, Murphy stole Garda McAuley’s phone and wallet.
O’Neill punched Garda Walsh in the back of the head, causing him to fall to the ground, where the accused kicked him in the head as he lay there. Some time after the assault, it was discovered that spinal fluid was leaking from his nose.
The court heard that neither of the officers remembered what happened, but that large quantities of CCTV from the time surrounding the assaults were harvested along with witness statements.
Entering the witness stand to deliver a short victim impact statement, Garda Walsh, who suffered permanent hearing damage as a result of the assault, said that he cannot forget the worry he felt for Garda McAuly, who was in a coma for an extended period of time after the assault.
He said that “for over a month” he didn’t know if his colleaguesand friend woud live or what quality of life he would have if he did survive.
“Those thoughts haunted me for a long time and left me with a feeling of guilt that I could have done more to help him,” he said.
“He was so badly injured”, he said, adding, “I got to spend Christmas with family and friends” while Garda McAuley lay in hospital.
Turning to his own injuries, he said that he couldn’t work properly and that this affects him every day, both personally and with his career as Gardaí are subject to hearing tests.
He expressed his thanks to his colleagues and those who “helped on the night”.
Gardaí combed through CCTV to identify suspects
After the incident, the court heard that a Garda Kennedy was canvassing for CCTV in the area when O’Neill made himself known to the officer, telling him he had been in the area on the night in question. After this, Garda Kennedy noticed a man wearing the same outfit as O’Neill on CCTV, which led to his identification as a suspect. When he was arrested on Austin Quay a short time later, he said: “I knew this was coming”.
O’Neill, 35, of Cromcastle Road, Kilmore, Dublin 5, said that he didn’t remember what had happened, which the court heard was due to his “ingestion” of heroin and crack cocaine on the night.
The accused has 37 previous convictions, including two for robbery, eight for theft, two for trespass in a building, one for obstruction, one for attempted theft, one under the Drugs Act, and six for Public Order offences.
Michael Liam O’Higgins SC, defending, told the court that on the evening in question Murphy, the co-accused, had been seen by three women ‘striding’ up the road with a “level of aggression” before he launched his attack.
He argued that when the accused was interviwrd he was asked, “Were you just helping your friend out?” and said that this was the case.
O’Higgins said that the more serious injuries had been caused by the kick to Garda Walsh’s head, and that his client had grown up with a “very” violent father.
A letter of apology penned by the accused was read before the court after Garda Walsh indicated that it was acceptable to him albiet “late in the day”.
O’Neill wrote, “what happened was totally wrong”, and that he had “totally misread the situation” and is “so sorry” for Garda Walsh and his family.
He has been in custody since the 17th of December 2024 and has done courses in psychology and “anti-violence”, the court heard.