A 42-year-old Mayo woman who bit the finger and scratched the neck of two male gardaí in a prison cell has been sentenced to six months imprisonment.

Rosemary Sweeney of Bridge Street, Ballinrobe appeared before Castlebar Circuit Criminal Court where she was sentenced after pleading guilty to two counts of assault causing harm to two male gardaí in Claremorris Garda Station.

The court heard that on June 30, 2022, Gardaí were called to an incident on Circular Road in Kiltimagh at 2.30pm where a female was reported to be intoxicated and lying on the ground.

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Sergeant Fiona Farrell explained that Ms Sweeney was arrested for intoxication in a public place and brought to Claremorris Garda Station.

While in the garda station, she was placed in a cell by Garda Darragh Mullahy and Garda Patrick Egan who asked her to remove her shoes and jacket for her safety but she refused.

Sgt Farrell said that Ms Sweeney then spat at Garda Mullahy and kicked out at both of the male gardaí. As a struggle ensued, Ms Sweeney scratched down the back of Garda Mullahy's neck and bit Garda Egan's finger, causing it to bleed.

Ms Sweeney continued to kick out at the two gardaí as they attempted to remove her shoes and kicked Garda Egan in the left knee.

She said Garda Egan received a tetanus shot for the bite to his finger and his left knee was sore after the assault.

Garda Mullahy she said had bruising and lower back pain but his skin to his neck was not broken.

The court heard the two gardaí have made a full recovery having been off work and there were no victim impact statements.

Previous convictions

JUDGE Eoin Garavan heard that Ms Sweeney has 18 previous convictions and two bench warrants were issued against her in connection to these charges resulting in her going into custody at the end of February.

She is also serving six months imprisonment after receiving a two month sentence in Carrick-on-Shannon District Court on March 31 and a subsequent four month sentence from Castlebar District Court on May 21 last for offences before the current offence happened.

When questioned by gardaí in relation to the assaults, Ms Sweeney did not acknowledge what she did other than to say she got a bit 'lippy' and shouted at them. She also told gardaí that at the time she was mixing alcohol with antidepressants.

Mr Diarmuid Connolly, counsel for Ms Sweeney said that the incident should not have happened in the context that the gardaí were called to help her when she was intoxicated.

He said that the bulk of her previous convictions have occurred while she is intoxicated and explained that his client was nearly 40 years old when she received the first of her 18 convictions.

A mother of five, Mr Connolly said Ms Sweeney has not seen her children since she has been in custody as she does not want them to see her in prison.

He added she was a victim of domestic violence and fell into addiction and self-medication with alcohol and drugs which resulted in her committing offences.

He asked Judge Garavan to consider how a female may feel at being searched by male gardaí and the assault occurred as a result of a kneejerk reaction to being frightened and intoxicated.

He also accepted that it took a while for Ms Sweeney to accept what had occurred because she had been intoxicated.#

Mr Connolly said he was not trying to downplay the seriousness of the assaults but noted that the DPP had initially directed the matter be dealt with in the district court but jurisdiction was refused.

Remorseful

HE said she was remorseful for what occurred and has spent the last six months in custody and to consider this when imposing a sentence.

Judge Garavan described what happened to the gardaí as a serious matter as the two gardaí had been assisting her at the station and she lashed out 'pretty viciously'.

He noted her previous convictions and had not been co-operative during the investigation.

He imposed a sentence of 18 months imprisonment but suspended the final 12 months for a three year period and informed Ms Sweeney that she would not get any credit for the month served while in custody as it was imposed following a bench warrant.

He accepted that sentence may be lenient but there must be hope for Ms Sweeney as she is now sober and she must complete an addiction course. He also ordered that she come under the supervision of the Probation Service for two years post release.

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