Man to be sentenced for attack on Garda in Dublin

Eimear Dodd

A garda who was injured by a man resisting arrest said he was attacked “with no regard for my safety or life”.

Garda Sergeant Wes Kenny read a victim impact statement at Dublin Circuit Criminal Court during the sentencing of Keith Daly (31).

Daly, of Dun Saithne Crescent, Balbriggan, Co. Dublin, pleaded guilty to one count of assaulting a peace officer and one of possession of cannabis for sale or supply on January 26th 2021, at Killakee Road, Rathfarmham.

Daly has 55 previous convictions, including for assaulting of An Garda Síochána, making a threat towards a garda, drugs offences, burglary and theft.

In his impact statement, Sgt Kenny said his finger was “forcibly bent and injured” in the course of his duties.

He said he was in “no doubt that it was not an accident” and said Daly “attacked me with no regard for my safety or life”.

Sgt Kenny said he developed a “heightened fear” in certain situations and afterwards “understood the psychological toll on victims of crime”.

Garda Natasha McAleese told Pieter Le Vert BL, prosecuting on Tuesday, said she was on patrol in an official garda van with Sgt Kenny when they noticed a car driving on Killakee Road at around 11.10pm.

The car attracted their attention as the Covid-19 5km travel restrictions were in place at the time. They stopped the car and spoke to the driver.

Daly was a enger in this car, and said he was from Balbriggan. After the officers pointed out the men were more than 5km from Balbriggan, Daly became agitated, telling gardai to “stop hassling us”.

Sgt Kenny went to the enger side, where Daly opened the door in an aggressive fashion.

He then asked why they were being hassled and was asked to stop using profanities. After getting out of the car, Daly lifted his shirt, shouting: “I've nothing fucking on me.”

Sgt Kenny noticed a number of plastic bags poking out of Daly's tracksuit bottoms, and began to caution him.

Daly took bags from his tros and started to throw them away. Sgt Kenny's finger was injured while Daly attempted to evade arrest.

There was a struggle, during which Sgt Kenny was thrown to the ground. Daly then fled the scene. A bag containing cannabis was taken from Daly by Sgt Kenny during the struggle.

Two small bags of cannabis were also dropped by Daly, with €3,445 in cash found beside the enger side of the door.

Sgt Kenny was later treated in the hospital for the injury to his finger.

The court heard that 9.6g of cannabis, valued at €192, was found.

Daly was identified, and a print matching him found on a bag of drugs. His home was also searched in April 2021 as part of the investigation.

When interviewed, Daly denied any wrongdoing and said he was at home in bed. Daly claimed his had been hacked when messages between him and his partner from that night asking how he was going to get home were put to him.

n his victim impact statement, Sgt Kenny said he was “shocked” by the deliberateness of Daly's actions. “It genuinely makes me question how easily my life could be put at risk while doing my job.”

He said his mental health had been affected, and he has since taken a different career path within the force.

Defence counsel expressed her client's remorse and apologised to Sgt Kenny for his actions that night.

Gda McAleese agreed with defence counsel that 33 of Daly's previous convictions relate to when he was a juvenile.

It was further accepted that Daly had a difficult background, with his personal circumstances outlined to the court by counsel.

Daly has two children, and his partner was in court to him.

She suggested that her client had a “difficult and sad start” in life, but is now working and living a pro-social life.

Counsel said her client had instructed that he fell into drug use at an early age, and at the time of this incident, there were cannabis issues.

Judge Orla Crowe said this was an “unusual case”, with some features which warrant a custodial sentence. The judge noted the defence's submissions that Daly has turned his life around and said the court would direct a probation report to assess his risk of re-offending.

She adjourned the case to July for finalisation.