Suspended sentences for men who verbally abused court garda in Thurles

A judge has said it is “unfortunate” that she could only impose three-month prison sentences on three men who intimidated a court guard.

Judge Catherine Hayden said the guard had suffered “significant intimidation” while performing his duty at Thurles courthouse in February 2022.

James Donoghue (48) of the NFA Church Car Park, Templemore, John Donogue (21) of 1 Williams Court, Church Street,

Roscrea and James Donoghue (20) 1 Castle Meadow, Thurles were all charged with using or engaging in threatening and abusive behaviour on February 22, 2022 at the Thurles Courthouse, O’Donovan Rossa Street, Thurles.

Both men named James Donoghue plead guilty to the charge.

Mr John Donogue was not present in court during the hearing and Judge Catherine Hayden issued a bench warrant.

ON DUTY

Garda Mark Conway told the court that on the day of the incident, he was on duty at the Thurles Courthouse when he intervened in a disturbance involving several people.

He said a number of people were outside the courthouse “shouting and roaring and behaving in an abusive manner.”

He asked them to leave and one man told him: “F*ck off back to where you came from. It’s nothing got to do with you.”

Garda Conway said he went back inside to get assistance from other court guards and the van from the station.

The van, he said, could be deployed as it was out at a fire in the countryside.

After the incident, Garda Conway said a prison guard approached him to ask if he was okay as he had seen somebody strike him from behind.

Following the incident a series of threats were made against Garda Conway.

They included threatening to “break his teeth,” threatening to kill him and trying to engage him in a fistfight.

They said they would find him after work, “leave him for dead,” called him names and said he “would not make it to Christmas.”

Garda Conway said he has not done court duty since and does not intend to do so again.

“I refuse to do it. I won’t put up with that,” said Garda Conway.

Acting on behalf of all three defendants, solicitor Paddy Cadell put it to the witness that he and the defendants had a history.

He said the guard had previously made derogatory comments about his clients and that had contributed to the animosity on the day.

Garda Conway said he could only give evidence on what had happened outside the courthouse on the day of the incident.

However, Judge Hayden disagreed that this would have been a contributing factor.

She said that it was clear, Garda Conway had endured “significant intimidation while doing his duty,” and that was something she “takes very seriously.”

Judge Hayden found all three men guilty and said it was “unfortunate” she could only impose a three-month prison sentence.

Two of the men were in court at the time and were sentenced.

Their three-month sentence was suspended for 18 months and they were also given a fine of €500.

Judge Hayden issued a bench warrant for the defendant not in court.

Mr Cadell said none of his clients were working and asked that the judge allow them three months to pay their fines.

Judge Hayden agreed, but said three months was as far as she would go.