Garda couple’s attackers set to avoid jail

Garda couple’s attackers look set to avoid jail


Off-duty garda knocked unconscious in unprovoked attack

Ciara Galvin

Four men who assaulted an off-duty garda couple look set to escape being sent to jail.
Judge Rory MacCabe indicated that he would sentence each of the four men to a combination of suspended sentences and periods of community service, if they were found suitable for community service.
After these sentences were indicated by the judge, counsel for the prosecution told Judge MacCabe that the Director of Public Prosecutions was still in favour of imposing custodial sentences on the men, but the Judge said he was happy to uphold his original judgements.
The four men pleaded guilty to the charges of assault causing harm at The Square, Charlestown, on June 3, 2012.
The victims, a couple, were off-duty gardaí Ciara Sheehan and Gary Conneally.
Sergeant Colm Corcoran told the court that Ms Sheehan and Mr Conneally were making their way from KD’s night club in Charlestown when they were verbally abused by one of the four men, Nico Barrett (21) of 1, Humbert Street, Sligo.
The couple were then followed by Barrett and his friends, David Leonard (31), Rhue, Sligo; Daniel Phelan (22), 1, Tower Crescent, Connolly Park, Sligo; and David Skeffington (22), Rathscanlon, Charlestown Road, Tubbercurry, Sligo.  

Kicked on the ground
David Leonard then assaulted Ms Sheehan, knocking her to the ground and Mr Conneally was subsequently kicked on the ground as he attempted to pick up Ms Sheehan.
The court heard that Mr Conneally was knocked unconscious, received three cuts to his forehead, an injury over his right eye, severe bruising to his jaw and required a total of eleven stitches. He also has to wear glasses permanently since the attack, due to the damage to his right eye.
In the victim-impact statement from Ms Sheehan, read out in court by Mr Conneally, Ms Sheehan said the group followed the couple after they left the nightclub to go home and started shouting, ‘garda scumbags’, ‘garda tramp’ and ‘Conneally you’re not so big now without the blue uniform’.
Ms Sheehan said that after the attack she found her partner in a doorway unconscious and covered in blood. Ms Sheehan said she returned to work two months after the attack and was ‘quite scared mentally and physically’. She added that she was now ‘very anxious’ about dealing with public order offences while on duty and has been told by a surgeon that she might not recover from an injury to her back caused by the attack.
In his statement, Mr Conneally said the group of males were known to him on the night, from his time as a garda in Sligo. Mr Conneally said that as a result of the attack he suffered headaches and blurred vision, and he noted that his eyesight had not recovered, requiring him to depend on glasses. He said he too finds it difficult to deal with public-order offences and that the couple are fearful of going out in Charlestown since the attack.

Convictions
The court heard that Phelan had no previous convictions though there was one misuse of drugs charge awaiting a court date. The court was told Phelan did not know the couple were members of An Garda SíochΡna. Barrett has nine previous convictions, and two pending charges for misuse of drugs and burglary.
David Leonard has eleven previous convictions, the majority of which are public order offences while David Skeffington has seven previous convictions, all road traffic matters but has also incurred two further convictions since this incident, namely a public order offence and a misuse of drugs charge. The court was told Mr Skeffington also did not know the couple were gardaí.
Judge Rory MacCabe said the attack on the two garda was an ‘unprovoked and disgraceful attack’ and one that warranted a four-year prison term.
In mitigation, the court heard that Mr Phelan’s actions were ‘totally out of character’ and that he was on the lower category of reoffending.
Mr Eoin Garavan BL said his client David Leonard had no convictions recorded against him since the incident and had ‘totally changed’, now living at home with his parents and had lost five stone since the case was initially heard last year.
Patrick Murphy BL said Nico Barrett has a problem with drugs and alcohol. In relation to Skeffington, Joe Barnes BL said his client wished to pay some compensation and did not have a history of violent crime.
In relation to Mr Phelan, the judge noted that he did not appear to have engaged with the Probation Service but said he was entitled to credit for remorse shown and the plea to the offence.
Judge MacCabe indicated he would sentence him to a three-year prison term.
He said he would suspend the first two years and, in respect of the final year, sentence Phelan to 120 hours community service, if he is found suitable, in lieu of a year in prison.
The judge indicated he would sentence Leonard to the very same, providing he is found eligible for community service.
Judge MacCabe noted that Barrett has previous convictions, but not for violence and said he would sentence Barrett to a three year prison sentence and if he was eligible for community service, the judge would direct him to complete 240 hours community service in lieu of one year in prison and suspend the remainder of the sentence.
Judge MacCabe said Mr Skeffington would receive the very same sentence as Barrett if also found eligible for community service.
The sentencing of the four men will take place on October 31 following community service assessments reports.