A member of An Garda Síochána was left in fear of losing his sight and job after a woman, now on the run, sprayed a corrosive substance into his eye.
The woman’s co-accused, David Hearns (34), who is of no fixed abode, appeared before the Circuit Criminal Court this afternoon after pleading guilty to two charges of assaulting a peace officer in the course of their duties at Basin Street Flats, Dublin, on September 21, 2023, after 9 pm.
Hearns, who caused a second Garda to suffer a muscular injury to his back in the course of resisting arrest on the same date, also pleaded guilty to theft and allowing himself to be carried in a stolen car.
The Dublin father of two has 120 previous convictions.
The court heard that on the date in question, the accused and his accomplice went on a theft spree at a branch of Woodies DIY, stealing €400 worth of goods before making off in a stolen car.
Detective Sergeant Hugh O’Farrell told prosecuting counsel Pieter Le Vert BL that Garda Colin Byrne and Garda Ben Fallon followed the car, which was driven at speed into a cul-de-sac, before Hearns exited the vehicle and tried to run away when the petrol car pulled up behind it.
Garda Fallon tackled the accused, with the pair struggling on the ground, while Garda Byrne attempted to apprehend the female suspect, who ran from the vehicle but got back in a short time later.
Hearns agreed that he had shouted to the woman, “Get the bottle, get the bottle!” in relation to a small bottle containing a diluted but “strongly corrosive” bleach-like substance which she then sprayed into Garda Byrne’s eye, causing him “immediate” and “extreme pain” and temporary loss of sight.
Having sustained an injury to his back, Garda Fallon, who had pepper-sprayed Hearns to no avail, came to the aid of Garda Byrne while they were “surrounded by hostile youths from the area”, Detective Sergeant O’Farrell said.
Emergency Garda assistance, which arrived in less than one minute, was called for, and Garda Byrne, who could not see out of the injured eye, was brought to A&E, where he underwent a “painful” procedure to irrigate the eye.
The court heard that a nurse at the hospital told him that if the substance had not been diluted as heavily, he would have sustained a “life-altering” injury. In his victim impact statement, Garda Byrne said that he had undergone laser eye surgery to become a Garda, and that he was fearful that the substance would undo the effects of the surgery and that he would lose his job.
He said that at the time, he didn’t know what the substance was and thought it might cause burn injuries to his face.
The court heard that his eye became infected soon after the injury, causing him pain, but that he ultimately made a full recovery.
Garda Fallon said that he was forced to sit out on training day for a period because of the injury he sustained, and that, for a time, he felt reluctant to stop suspects, and described a detrimental effect on his mental and physical health due to this.
Calling the assault on members of An Garda Síochána “shameful”, Judge Crowe said, “This is shocking for anyone to hear, let alone someone carrying out their law-abiding duty.”
The court noted that the accused had apologised for his part in the incident and that he is someone with a history of drug-related issues. She noted that his drug taking was fuelled by the death of a close friend, whom his defending counsel claimed Hearns had discovered after the young man took his own life.
Judge Crowe set a headline sentence of five years before reducing this to three years, with the final 12 months suspended for two years on condition of good behaviour. The accused must also submit himself to the supervision of the Probation Services for 12 months upon his release.
This sentence is to run consecutively to a custodial sentence he is currently serving, which is due to be fulfilled in June 2027.