Judge laments ‘fall from grace’ as he jails former senator

A former Labour Party senator and ex-SocDems councillor has been jailed for three months after being found guilty of assaulting three gardaí following his arrest outside the Indiependence music festival in Co Cork.

Judge Brian Sheridan told James Heffernan (39), of Ballinlyna, Kilfinane, Co Limerick, during a sentencing hearing that he was in “complete blanket denial” of his “ Dr Jekyll and Mr Hyde” behaviour.

The judge said Heffernan “blamed everyone but himself” for the three assaults which took place on July 31st, 2016.

He said Heffernan, who qualified as a primary school teacher, had shown “huge promise” in life but for reasons linked to addiction had “fallen from grace”.

Judge Sheridan said Heffernan strongly believed that he was the victim in the case in spite of the credible evidence of not only members of An Garda Síochána but also an independent witness.

Barrister Nikki O’Sullivan, for Heffernan, said that her client was a “very active contributing member of society” until his career trajectory and personal life “fell off a cliff”.

‘Destitution’

She said Heffernan had issues with his mental health and had been self medicating with marijuana. He had gone from having a promising life to living one of “utter destitution”.

Ms O’Sullivan said Heffernan’s family is attempting to support him and he is pursuing further education. She said he had become calmer in recent months now that he is taking positive steps to reach a mental health diagnosis.

At a hearing of the court earlier this year, Heffernan was convicted of two common assault charges and one of assault causing harm to three members of the force after his arrest.

At the trial hearing in December, Heffernan denied assaulting or spitting at gardaí following his alleged ejection from the festival. He maintained that any suggestion that he was “kung fu kicking a guard in the back” was completely false and that he was never abusive.

Gardaí­ told the court that Heffernan was in an intoxicated state outside the venue and was seen kicking security barriers which fell on to the roadway. He had to be taken into custody in Fermoy for his own safety as he fell on barriers knocking them to the ground and was a “social danger”.

Det Garda Gerry Murphy said as they attempted to put Heffernan in to a garda van he kicked Sgt Ger Quinn. He also spat at now retired Det Garda Jim Fitzpatrick twice. He said that when they got to the station, Heffernan was aggressive and uncooperative.

The witness said Heffernan refused to take off his shoes and that when they were being taken off him, he kicked Garda Trevor Sheehan in to the mouth which caused him to bleed.

Miraculous medal

In his evidence, Heffernan said he was frustrated by the decision to remove a miraculous medal from his neck whilst in custody.

However, he insisted that the mood in custody “was jovial and jocular” and they spoke about “garda pay and conditions” and that he told the gardaí they were “sound as trouts”.

Heffernan said his alcohol consumption consisted of whiskey and a few cans. Garda evidence had been that he told them he had consumed “a whole heap of porter, whiskey and gin”.

At a previous hearing, Heffernan was convicted of two charges of careless driving at Coolnave, Mitchelstown on August 1st, 2016 and fined €400.

Judge Sheridan also previously found Heffernan guilty of drink driving on the Limerick Road in Mitchelstown on August 1st, 2016. He disqualified Heffernan from driving for a period of three years and fined him €500.