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26/07/2021

Tipperary man gets suspended jail for spitting blood in garda's face during covid

A man who spat at a garda while being placed in a cell at Nenagh Garda station has been given a suspended sentence by Nenagh Court.

Roy Moran of Knigh Cross, Nenagh, pleaded to assaulting a garda in the course of his duty on June 28, 2020.

He also pleaded to being intoxicated and threatening, abusive and insulting behaviour on the same date.

The court heard that Mr Moran arrived in the public area of the Garda station in an irate state because the bank ATM machine had kept his bank card.

When told by the gardaí that he would have to wait until the bank reopened, Mr Moran said: “You are effing useless”, and that he needed money.

Mr Moran continued to be threatening and was arrested.

While he was being placed in the cell, he spat through the door, hitting the garda in the face with spit and blood. The garda had to attend hospital in Limerick as a result.

The court heard Mr Moran had no memory of the incident.

Mr Moran also pleaded to possession of drugs at Puckaun, Nenagh, on April 13, 2020.

The court was told Mr Moran was walking with two other males when he was stopped and searched.
A small, plastic bag containing cannabis worth €5 was found in the palm of his hand.

Mr Moran said to the garda: “Are you really going to do me for a tiny amount?”

Mr Moran also pleaded to trespass at a house in Gortlandroe, Nenagh, on August 8, 2020.

The court heard that when the injured party went into the property he found Mr Moran asleep on a couch.

When the gardaí arrived he told them he was “wrecked” and got tired as he had been drinking.
He said it was just his intention to go into the house to sleep.

He pleaded at an earlier court to being intoxicated and threatening, abusive and insulting behaviour at Banba Square, Nenagh, on November 1, 2020.

Mr Moran had arrived at the Garda station and it became obvious he was highly intoxicated. He was asked to leave but went outside and continued to be threatening and abusive. He refused to leave the area when directed to by a garda.

On December 9, 2020, Mr Moran was arrested for being intoxicated in public and threatening, insulting and abusive behaviour at Tesco car park, Borrisokane Road, Nenagh.

He pleaded to the same offences at Millerbrook, Nenagh, on December 29, when he was found lying on the ground and unable to stand on his own feet.

Mr Moran’s solicitor, Liz McKeever, said that her client was 19 years old and lived with his grandfather.

While Mr Moran had a huge amount of charges, the most serious was spitting at the garda, she said, but told the court that at the time Mr Moran’s life was “chaotic”.

She said that there had been two separate attempts on Mr Moran’s life, but that his grandfather had now intervened.

“He is a different person to the one who arrived at my office at 7.30am after he had been out all night,” said Ms McKeever.

“He is lucky to be alive and is very ashamed about what happened. I am urging you to give him a chance,” she said.

In relation to the trespass charge, the solicitor said that Mr Moran would say the house was derelict and he was just sleeping there.

“I appreciate he is just at the start of his recuperation but he is drug free and showing positive signs,” said Ms McKeever.

Judge Elizabeth MacGrath said that bodily fluid being spat at a garda in the middle of Covid was a serious offence.

“Hopefully, nothing came out of it,” she said.

The court was told that Mr Moran had given a blood sample as a reassurance to the garda.

Judge MacGrath jailed Mr Moran for three months, suspended for two years in Mr Moran’s own bond of €250, and ordered that he engage with the probation services.

She warned his that if he committed any offence in that time, he would serve the sentence.

She also fined him €200 for threatening, abusive and insulting behaviour on the same date.
She fixed recognizance in his own bond of €250.

Judge MacGrath fined Mr Moran €150 for trespass at Gortlandroe.

She fined him €150 for threatening, abusive and insulting behaviour at Tesco car park, and a further €150 for the same offence at Nenagh Garda station on June 28, 2020.

Judge MacGrath took the intoxicated in public charges into account.

“You are lucky your grandparents have stepped in,” she told Mr Moran.

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