Man (31) injured a garda’s finger while resisting arrest

A man who injured a garda while resisting arrest five years ago has been directed to complete 240 hours of community service, reports Eimear Dodd.

Keith Daly (31) of Dun Saithne Crescent, Balbriggan, Co Dublin, pleaded guilty to one count of assaulting a peace officer and one count of possession of cannabis for sale or supply on January 26, 2021, at Killakee Road, Rathfarmham.

During the incident, Daly injured a garda’s finger while resisting arrest. A total of 9.6g of cannabis, valued at €192, was also found along with cash.

Daly has 55 previous convictions including for assaulting members of An Garda Siochana, making a threat towards a garda, drugs offences, burglary and theft.

Having heard the facts of the case and reviewing a probation report which placed Daly at high risk of re-offending, Judge Orla Crowe placed Daly under the supervision of the Probation Services for six months last July.

On Tuesday, Judge Crowe said the updated report before the court was positive and that Daly had engaged proactively with the Probation Services.

The judge said Daly had “demonstrated violence” towards gardai in the past, adding that the injured party in this case was “doing his lawful duty at a time of national and international crisis”.

She noted that the Probation Service had assessed Daly as suitable for community service unusually, without a request from the court.

She said it appeared he had made “considerable progress” since this offending occurred and appears to have turned his life around in the last five years.

Judge Crowe said the court would give Daly a chance as he is not engaging in criminal offending, is working and contributing taxes to society.

She directed Daly to complete 240 hours of community service within two years in lieu of a two-year prison sentence.

Garda Natasha McAleese told Pieter Le Vert BL, prosecuting, during an earlier sentence hearing, that she was on patrol in a garda vehicle with Garda Sergeant Wes Kenny when they noticed a car driving on Killakee Road at around 11.10pm.

The car attracted their attention as Covid-19 five kilometre travel restrictions were in place at the time. They stopped the car and spoke to the driver.

Daly was a passenger and said he was from Balbriggan. After the officers pointed out the men were more than five kilometres from Balbriggan, Daly became agitated, telling gardai to “stop hassling us”.

Sgt Kenny went to the passenger side, where Daly opened the door in an aggressive fashion.

He then asked why they were being hassled and was asked to stop using profanities. After getting out of the car, Daly lifted his shirt, shouting: “I’ve nothing fucking on me.”

Sgt Kenny noticed a number of plastic bags poking out of Daly’s tracksuit bottoms, and began to caution him.

Daly took bags from his trousers and started to throw them away. Sgt Kenny’s finger was injured while Daly attempted to evade arrest.

There was a struggle, during which Sgt Kenny was thrown to the ground. Daly then fled the scene.

A bag containing cannabis was taken from Daly by Sgt Kenny during the struggle. Two small bags of cannabis were also dropped by Daly with €3,445 in cash found beside the passenger side of the door.

Sgt Kenny was later treated in hospital for the injury to his finger.

Daly was identified and a print matching him found on a bag of drugs. He denied any wrongdoing when interviewed.

In his victim impact statement, Sgt Kenny said he was “shocked” by the deliberateness of Daly’s actions. “It genuinely makes me question how easily my life could be put at risk while doing my job.”

He said his mental health had been affected and he has since taken a different career path within the force.

Sgt Kenny said his finger was “forcibly bent and injured” in the course of his duties.

He said he was in “no doubt that it was not an accident” and said Daly “attacked me with no regard for my safety or life”.

Sgt Kenny said he developed a “heightened fear” in certain situations and afterwards “understood the psychological toll on victims of crime”.

Defence counsel expressed her client’s remorse, and apologised to Sgt Kenny for Daly’s actions that night.

Gda McAleese accepted that Daly had a difficult background.

Counsel submitted to the court that while her client had a “difficult and sad start” in life, he is now working and living a pro-social life.

Counsel said her client instructs he fell into drug use at an early age and at the time of this incident, there were issues with cannabis. He is engaging with addiction support services.