*The matter was before Ennis Circuit Court.
A 33-year old man told Gardai ‘F**k off or I will bite your f**king jaw off’ before biting an Ennis-based Garda on the hand.
At Ennis Circuit Court, Judge Francis Comerford has imposed an 18 month prison term with the last 14 months suspended on Jeffrey Kelly for the bite assault on Garda Michael O’Neill on March 5th this year on Ennis’s Kilrush Rd.
A native of Limerick and formerly of Laurel Lodge, Ennis, Mr Kelly pleaded guilty to the assault causing harm of Garda O’Neill in the early hours of March 5th while resisting arrest outside an address at Cnoc na Scoile on Ennis’s Kilrush Rd.
In evidence, Garda Sean O’Sullivan described how Mr Kelly was increasingly aggressive and when restrained by Gardaí “he kicked out and spat at Gardaí”.
Garda O’Sullivan said that one of the kicks made contact with his head and while some of Mr Kelly’s spittle also landed on his head.
Garda O’Sullivan said that Mr Kelly bit down on the hand of Garda O’Neill and “drew blood”.
Garda O’Sullivan said that Garda O’Neill sought medical assistance and required an tetanus injection.
Counsel for the State, Sarah Jane Comerford BL (instructed by State Solicitor for Clare, Aisling Casey) said that Garda O’Neill underwent blood tests and they returned negative for infection after the bite.
Garda O’Sullivan said that Mr Kelly has 114 previous convictions that include previous convictions for aggravated burglary, burglary, robbery, assault, criminal damage, theft and drug possession offences.
Imposing sentence, Judge Comerford said that the bite injury sustained by Garda O’Neill “was not a serious injury and there was minimal bleeding” after taking into the medical report.
He said, “The bite was not deep but was still a bite into flesh and blood of a person and could have terrible consequences for the person as there is a high risk of infection in such cases”.
Counsel for the accused, Patrick Whyms BL (instructed by solicitor, Tara Godfrey) contended that “if the victim wasn’t a Garda the matter wouldn’t be in the circuit court”.
Judge Comerford said that Mr Kelly “has a very bad record” and his offences “go back to a young age”.
Mr Whyms reminded Judge Comerford that he had said at a separate court sitting concerning Mr Kelly “it is hard not to feel sympathy for the tragic background of Mr Kelly”.
Mr Whyms said that Mr Kelly had a traumatic childhood.
Judge Comerford said that if Mr Kelly keeps on offending he risks serving a life sentence in instalments as described by criminologists.
Mr Whyms said that on the night in question, Gardaí were not the focus for Mr Kelly’s anger “and he had no intent to behave badly towards Gardaí”.
Mr Whyms said, “Mr Kelly wishes me to apologise to Gardai for his behaviour and to Garda O’Neill.”
Mr Whyms said that Mr Kelly had been using illicit substances on the night and was informed by an associate that he had a seizure a short time before the incident.
Mr Whyms stated that all of Mr Kelly’s previous convictions arise from his alcohol and drug addiction issues.
Judge Comerford said that the headline sentence for the ‘bite’ assault was 26 months and reduced the sentence taking into account the early plea of guilt.
Mr Kelly has been in custody since March 4th and in his sentencing, Judge Comerford also gave credit for the seven weeks served in custody on this offence alone during that time.
