*Gort Courthouse.
A JUDGE has jailed an ‘uncontrollable’ 30 year old man for two months for an assault on a Garda Inspector during a civil court sitting at Gort courthouse.
At an appeal hearing at Ennis Circuit Court, Judge Francis Comerford affirmed the two month prison term imposed on Marc Frisby at the District Court for the assault causing harm of Insp Stan O’Grady in the downstairs foyer area at Gort courthouse on September 9th 2021.
Mr Frisby had pleaded guilty to the assault charge and Insp O’Grady was a Garda Sergeant at the time of the assault and was attending Gort Court for one ‘Garda court presenter’ case on the civil court day.
In evidence, Insp O’Grady said that Mr Frisby, with an address at the time of The Granary, Ballymahon, Co. Longford “was completely uncontrollable”.
Insp O’Grady was the only Garda in the courthouse at the time and he explained to the court that as he was there to do court presenting work, he was without Garda support “and I had no personal protection equipment with me”.
In the downstairs area of the courthouse, Insp O’Grady said, “I had no handcuffs, no baton, no stab vest and no pepper spray. I was very cognisant of this. I had no radio and I was the only Garda there if I was to arrest Mr Frisby”.
He said, “I did everything I could possibly do to defuse the situation. I tried to calm him, I gave him several directions to try to calm him down”.
Insp O’Grady said that he initially approached Mr Frisby outside the courtroom as he was alerted by a solicitor about the man’s demeanour. The Garda Inspector said that there was no way that he prejudged the situation.
Insp O’Grady said that there were other court users in the foyer area including a mother holding a very young baby in her arms.
He said that two solicitors were also present and he asked them to call 999 and explain that a Garda sergeant is looking for urgent assistance at Gort courthouse as Mr Frisby was resisting arrest.
He said, “Only for the solicitor did that I would have been in great difficulty”. Insp O’Grady said that he went to arrest Mr Frisby and he “completely resisted and was exceptionally aggressive and violent”. He said, “There was no reasoning with him whatsoever”.
Insp O’Grady said that he restrained Mr Frisby against the wall and then on the ground.
A member of the public took footage of the assault on a mobile phone and it was previously played to the court.
Insp O’Grady said that then while he restrained on the ground, Mr Frisby “was kicking out and tried to hit towards me”.
He said, “I had him in an armlock. It was very, very difficult to keep him in that position. I was now lying on the ground and he was over me. He was about to put his knee on my chest and a solicitor shouted at him to stop, distracting him which gave me time to get up off the ground”.
Insp O’Grady stated that Mr Frisby continued to be violent and aggressive. He said, “there was no de-escalating with this man.”
Insp O’Grady said that a Garda colleague arrived after around 10 minutes and Mr Frisby was still uncontrollable and “I had no choice but to take legs out from under him”.
Insp O’Grady said that a Garda van then arrived and Mr Frisby was put into the van with assistance from colleagues.
Insp O’Grady said that he sustained bruising to his shoulder and cuts to his knees, hands and elbows.
He said that he had a pre-existing partially slipped disk but the incident aggravated the condition “and I was in pain for a good number of months after that”.
Solicitor for Mr Frisby, Daragh Hassett said that his client wishes to apologise for his actions.
In response, Insp O’Grady stated that “it has been nearly four years and I have never heard from Mr Frisby before now”.
He said, “I have heard nothing, no remorse”.
Mr Hassett said that his client did apologise in the District Court. Insp O’Grady said, “I didn’t hear that.”
State Solicitor for Clare, Aisling Casey said that Mr Frisby has a previous conviction in March 2022 for assaulting a Garda in February 2020.
