Laois man who assaulted Mayo garda refuses to undergo post release supervision

A MAYO judge expressed frustration that he was unable to impose post release supervision orders on a man who assaulted a garda while experiencing a psychotic episode.

Judge Eoin Garavan made the remarks at a sitting of Castlebar Circuit Criminal Court after imposing a 20 month prison sentence on Domhnall Cosgrave (38) of Inchboley, Ballylinan, Co Laois who pleaded guilty to assault causing harm to Garda Katie Conlon in Castlebar courthouse on April 18, 2023.

The court heard that Mr Cosgrave assaulted Garda Conlon in one of the courtrooms of Castlebar Courthouse where she was on duty at the time. Mr Cosgrave pulled Garda Conlon by the hair and swung her around and pulled her to the floor of Castlebar Courthouse before he was restrained and arrested.

Mr Cosgrave has been in custody since the incident and was a patient in the Central Mental Hospital from August to December last year where he was diagnosed with acute schizophrenia. The court heard that Mr Cosgrave who has a history of cannabis and other illicit drug use was experiencing a psychotic episode at the time where he believed he was an undercover garda.

Mr Cosgrave, who has no previous convictions, was deemed to be a low risk of reoffending, but Judge Garavan expressed concern that without supervision, the defendant may stop taking his medication and return to use cannabis and other drugs.

He stated that he was going to structure a sentence where he would impose a 20 month sentence but suspend the final two months on the condition Mr Cosgrave come under the supervision of the Probation Service for the next 12 months.

Backdated sentence

The court heard that the sentence would be backdated to time already served which would mean that Mr Cosgrave would be immediately released from custody.

However, Mr Cosgrave informed his legal representatives that he would not enter into a bond and would serve the remainder of the 20 month sentence in custody. This would mean he would be due for release on July 18 and as a result he will not be subject to supervision post release.

Judge Garavan said that there was a gap in the legislation and he could not impose conditions on Mr Cosgrave post release which he felt would benefit Mr Cosgrave and everyone else in society. 

“There is no post release order available to me,” he said. “So be it,” he added before backdating the 20 month sentence to April 19, 2023.

Sergeant Sinéad Barrett had earlier told the court that Mr Cosgrave had come to the attention of Gardaí in Galway on April 17 and detained under the Mental Health Act. He was deemed fit for release but was arrested on the morning of April 18 for public order offences and brought to Castlebar District Court later that day.

He arrived at the courthouse at approximately 3.50pm and was not co-operative and had to be restrained in the foyer of the courthouse. Garda Conlon was on duty in the courthouse and was kicked by him when she assisted her colleagues.

Mr Cosgrave was brought back to Castlebar Garda Station until his case was called before Judge Fiona Lydon in Castlebar District Court.

Sgt Barrett explained that Mr Cosgrave was brought into the court room at approximately 5.17pm and was charged and released on bail. After signing his bail bond, he was walking past Garda Conlon when he grabbed her by the hair and knocked her against the court benches and the ground.

Castlebar Courthouse where assault on garda took place

Judge Garavan was informed that Garda Conlon has still not returned to duty and suffers from pain to her neck and shoulder as well as headaches. She also suffers from nightmares and is receiving counselling for psychological problems affecting her. A victim impact statement was provided to the court but was not read into the record.

Apology

Dr Laura Byrne, counsel for the defendant, said that her client wishes to apologise to Garda Conlon for his conduct on the day and for the injuries caused to her as a result of his actions.

She said that medical reports state that at the time of the offence Mr Cosgrave was acutely unwell and had a long standing untreated paranoid psychotic illness and he was very divorced from reality. She added that the report states that his offending behaviour was motivated by his underlining and undiagnosed and untreated mental illness.

He has been diagnosed with schizophrenia but at the moment is not experiencing any hallucinations nor is he paranoid or delusional.

Dr Byrne said her client has benefitted from treatment in the Central Mental Hospital (CMH) and the report demonstrated the extent of his illness before he obtained the benefit of treatment. Dr Byrne said this was the first time he sought any help in relation to his mental illness and now accepts he has a mental illness and requires to be treated with medication.

Dr Byrne said his client chose not to avail of a special verdict by way of his mental illness and had pleaded guilty to the offence.

Cannabis use

The medical reports were not read into the court but Judge Garavan noted that Mr Cosgrave had led a 'pathetic' and 'transient lifestyle' with no history of employment since 2017 and a history of long-term cannabis use and taking other psychotic substances.

Judge Garavan said that the report states that the defendant was imagining a lot of things at the time which led to the offence such as believing he was an undercover garda and had to commit an offence to get into prison.

However he also noted that before he went into the CMH he stated that he did not like the look of Garda Conlon and the way she looked at him and felt the gardaí needed a 'good hammering'. He also noted that Mr Cosgrave felt that Garda Conlon was exaggerating her injuries and sought to minimise the effect on the victim. Judge Garavan noted he did not lash out at the male prison officers or gardaí but at the female garda.

Judge Garavan acknowledged the injuries caused to Garda Conlon and the ongoing difficulties she has in her life both in terms of the physical and psychological effects on her caused by the assault.

He said he had to take Mr Cosgrave's culpability and responsibility as well as his medical condition into account when sentencing him and imposed a 20 months sentence.

Dr Byrne stated that the medical reports found Mr Cosgrave’s risk of violence was considered to be low and it can be mitigated by attendance to community mental health services and adherence to prescribed medication and abstinence from illicit substances such as cannabis.

Concern

Judge Garavan expressed concern at his conclusion saying this was hard to believe. He said that there was little point in imposing a prison sentence without any post release supervision but was constrained in doing that by the legislation which doesn't allow it.

He said the only option open to him to do this was to impose a suspended sentence with conditions to undergo supervision post release. However after Mr Cosgrave refused to sign a bond, he said he had no option to impose a post release supervision order and for the defendant to serve the remainder of the sentence in prison.