Courts

Three men jailed for violent assault on two gardaí

Members of An Garda Síochána were called to a pub in Ballyfermot to investigate a disturbance before incident occurred in November 2022

Two gardaí required hospitalisation after they were assaulted during an incident in Ballyfermot, Dublin

David O'Sullivan
Mon Jan 29 2024 - 18:58

Three men who attacked two gardaí outside a takeaway, leaving both hospitalised and requiring medical attention, have been jailed for 27 months.

Steven Byrne (36), of Ballyfermot Avenue, Ballyfermot; Jonathan Dolan (47), of Colepark Green, Ballyfermot, and Anthony Grogan (55) of Cherry Orchard Park, Ballyfermot, appeared before Judge Martin Nolan in Dublin Circuit Criminal Court on Monday after each pleading guilty to two counts of assaulting gardaí and one count of violent disorder on Ballyfermot Road, Dublin on November 21st, 2022.

Garda Phillip Nash told Fionnuala O’Sullivan BL, prosecuting, that gardaí had been called to a pub in Ballyfermot to investigate a disturbance.

Security pointed out the people involved to the investigating gardaí, Garda Sean Savage and Garda Nicole Malcolmson.

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Those individuals were Byrne, Dolan and Grogan, as well as Grogan’s wife, the court heard.

The two gardaí approached the group, who refused to provide details. Byrne and Grogan became aggressive and abusive towards them. Garda Malcomson tried to move Grogan’s wife away from the scene at this point.

Grogan then shoved Gda Malcolmson aggressively towards a nearby bin. When Gda Savage drew his baton and tried to arrest him, Grogan began striking him to the head and face.

The two men fell to the ground and Gda Malcolmson drew her own baton before trying to separate the two. Dolan then assaulted her by pulling her away.

Byrne took Gda Savage’s torch while he was on the ground and struck him a number of times on the head. He also kicked him while he was down.

Dolan approached Gda Savage and dragged him to the ground again. He pulled off his stab vest and threw it to the road.

Grogan and Byrne were arrested at the scene when other gardaí arrived. Dolan was arrested later that day.

Gardaí Sean Savage and Nicole Malcolmson pictured outside court Photograph: Collins Courts

Both gardaí received medical attention before being taken by ambulance to St James’ hospital. Gda Savage had wounds to his head that required staples and stitches while Gda Malcolmson had a knee injury and was badly bruised.

CCTV of the incident was played in court and both gardaí read their victim impact statements themselves.

Gda Savage said how he remembers showing up to the incident, but that “what felt like five minutes later, I was in an ambulance being brought to hospital”.

He said the attack was “completely unprovoked, erratic and vicious” and that he feared for his life.

“Several times over the last year I have had trouble sleeping, revisiting the incident over and over,” he told the court, adding that he doesn’t feel as safe in some social situations since the attack.

Gda Malcolmson had only become a garda four months prior to the assault, and said: “There is absolutely no justification as to why they did what they did.”

She told the court the men “showed no respect to members of An Garda Síochána”.

“The physical and emotional trauma I went through, I would not wish on anyone,” she said. “Not even these three men who caused it.”

Gda Malcolmson said she hopes the men get the sentence they deserve and that it “gives them more than enough time to reflect on what they have done.”

The three men apologised through their counsel for their actions.

In sentencing, Judge Nolan said the injured parties were doing their duty when they were “assaulted badly”.

He noted that all three men pleaded guilty, co-operated with the investigation, made admissions, were remorseful and have a good work history.

“The assaults are bad but it seems to me that neither three men came out that night with the intention of assaulting these guards,” he said, but added that “each is responsible for the acts of the other because it seems to me they were acting together”.

Judge Nolan sentenced the three men to 27 months imprisonment to run concurrently on each count of assault and the count of violent disorder.

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