Farmer who assaulted garda receives suspended sentence

A MOYGOWNAGH farmer who was found guilty of assaulting a garda sergeant on his family farm received a three year suspended prison sentence.
Seamus Murphy of Garrynagran, Moygownagh, Ballina was found guilty by a jury of assaulting Sergeant James Murphy on his farm in the early hours of July 14, 2013.
Mr Murphy was due to be sentenced in early October but his legal team said they could no long represent him for ‘ethical reasons’ and Mr Murphy was given time to find a new solicitor.
At last week’s sitting of Castlebar Circuit Court, he told Judge Rory McCabe he could not find a solicitor but was told the case would go on and he had to represent himself.
During the hearing, it became clear that Mr Murphy was not aware what he had to do. In an unusual occurrence in the Circuit Court, Mr Pat Reynolds, counsel for the prosecution, told Judge McCabe that there was an onus on him to assist Mr Murphy.
Mr Reynolds explained to Judge McCabe that Mr Murphy has a number of testimonies which he wished to hand in and a letter from his wife.
Mr Murphy had pleaded not guilty to the charge and he reiterated his innocence, telling Judge McCabe he saw himself as a victim of a garda assualt.
Judge McCabe told Mr Murphy that he did not seem to understand that he was found guilty by a jury and as a consequence he had to be sentenced. He told Mr Murphy to give him a reason for not going to jail because that was what he was looking at.
After getting some more advice from Mr Reynolds, Mr Murphy said that sending him to prison would destroy his family life because he had a farm to run and and mortgage to pay. He said his wife was suffering from stress because of the court case.

‘Regrettable’
Just before sentencing, Mr Gerry Loftus, the secretary of the Mayo branch of the Irish Natura and Hill Farmers Association approached the bench, and asked to speak to Judge McCabe. He said he knows the defendant as a hard working farmer and described what happened on the night as ‘regrettable’.
He said Mr Murphy was not a trouble maker and asked Judge McCabe to be lenient.  
The trial, which took place in July, heard that Mr Murphy was accused of trying to bite the testicles of Sgt Murphy who was trying to arrest him. He was also charged with assaulting Sgt Maria Hayes but was found not guilty by the jury.
The gardaí were called to a incident where Mr Murphy was accused of obstructing traffic with his tractor by neighbours who Mr Murphy accused of interfering in his family estate.
In sentencing Judge McCabe said that he believed that Mr Murphy has a misguided sense of grievance over an inheritance and this has led to the ongoing problems. He accepted that Mr Murphy is also a hard working farmer and did not believe that when he out working that day he would end up facing prison.
He said he did not think sending Mr Murphy to prison would be in the interest of justice but would impose a suspended sentence as a deterrent. He imposed a three year sentence to be suspended for five years on the condition he keeps the peace.