Áine Ryan
THREE Porturlin fishermen were sentenced to three months in prison last week, after they were found guilty of assaulting a Garda sergeant during a Shell to Sea protest last October.
Mr Patrick O’Donnell (49) of Porturlin Shore, Ballina, his son Jonathan (21) of the same address and Mr Enda Carey (21) of Porturlin, Ballina were all sentenced at Belmullet District Court to three months in prison for assaulting Sgt Donal Glennon – who received a broken thumb – during a protest outside the Corrib gas terminal at Bellanaboy on October 12, 2006.
Mr Jonathan O’Donnell was also found guilty of assaulting Garda Barry Byrne on the same date and was sentenced to one month in prison, to run consecutive to the previous sentence.
After they were sentenced, recognisance was fixed in their own bond of €600 and an independent surety of €2,400 for each defendant. At an appearance at Achill District Court last Thursday, Judge Mary Devins failed to approve surety because the relevant documents were not in order, but surety was eventually given 24 hours later at Swinford District Court.
At the hearing of evidence in the case, which ran over two days, the court was told that the three defendants allegedly got into a scrum-like formation and pushed Sgt Glennon into a three-foot deep drain of bog water. Sgt Glennon, of Strokestown Garda Station, said he was struck in the midriff and ‘back-flipped’ head first into the drain. All three men had denied all the charges.
Judge Mary Devins, who personally visited the scene of the incident, had adjourned the case last month in order to allow for written submissions from both the defence and the prosecution in relation to points of law arising from the case. Mr Alan Gannon, solicitor for the defendants, said he was unable to give submissions but he had no problem with submissions given by the defence, and Judge Devins decided to continue with the case.
Mr Patrick O’Donnell was the only defendant in court last week, and, when asked by Judge Devins why they others were not present, he answered that they were out fishing, having believed the matter was only for mention. Judge Devins said that was not her order and said she would give her judgement in their absence.
Judge Devins said that when she visited the scene the ditch was very steep and slippery and not a place where she would choose to stand. She added that the three defendants recognised Sgt Glennon as a senior garda and while they may not wanted to cause him harm they did push him knowing that he would fall into a deep ditch.
She said she considered a previous assault case during a football match in 2004 where she found that because it took place during the course of play it was not intentional or reckless, but she said there was clear evidence that the three defendants in this case were reckless and found them guilty of the section three assault on Sgt Glennon.
In relation to the section two assault on Garda Byrne by Mr Jonathan O’Donnell, she said that she had no option but to believe the evidence by Garda Byrne that he was assaulted by Mr O’Donnell, and she found him guilty.
Supt Pat Doyle told the court that neither of the defendants had previous convictions.
Mr Gannon said that Mr Jonathan O’Donnell was an honest, straight man who was never in trouble before and asked the court to be lenient and not to impose a custodial sentence. He said that Mr Carey was not the type of person who, because of the incident, would embark on an ‘unsavoury path’ and was at no risk of re-offending.
Mr Gannon said that Mr Pat O’Donnell was a man who was never in trouble before in his life and had a history of helping the community and helping to save people at sea. He urged Judge Devins not to impose a custodial sentence.
In addition to the custodial sentences, Judge Devins also fined Mr Jonathan O’Donnell €750 and the other two defendants €500 each. Mr Gannon implored Judge Devins to suspend the sentences but she refused.
