Man convicted of assaulting garda jailed after refusing to complete community service
A man convicted of assaulting a garda has been jailed after refusing to complete 240 hours of community service, reports Brion Hoban .
Phillip Kavanagh (35) was acquitted of injuring a garda during an incident when he was alleged to have tried to “launch” himself at her while in the back of a garda car, but was convicted of assaulting her colleague on the same date.
Following a trial at Dublin Circuit Criminal Court in July 2021, Kavanagh of Cherry Orchard Drive, Ballyfermot, was convicted of assaulting Garda Conor Mohan at Aylward Green, Cappagh Road, Finglas, on January 7, 2017.
Kavanagh was found not guilty of assaulting Garda Theresa Moore causing her harm at the same location on the same date. He had pleaded not guilty to both offences. At a previous sentencing hearing, Judge Martin Nolan indicated he intended to impose 240 hours of community service in lieu of four months imprisonment and adjourned the case for a community service report.
On Thursday, John Moher BL, defending, told the court that his client had not been deemed suitable for community service. He said his client does not accept the verdict of the jury.
Judge Nolan told counsel that his client can either do the community service or go to jail. Mr Moher replied that his client accepts this.
The judge said he had read the report and it seemed the accused had placed “obstacles” in front of doing the community service. He said it seems the accused does not want to do it for his own reasons.
Judge Nolan sentenced Kavanagh to four months imprisonment.
During the trial, Garda Moore told Eoin Lawlor, BL, prosecuting, that she and her colleague Garda Mohan called to Kavanagh’s door and asked to come in to check on the welfare of other people in the house, but he stated “aggressively” that they “weren’t coming in”.
“He had no top on and he was drunk,” she said.