Defence Force member given suspended sentence for assault of garda - Courts News Ireland

A man with a 20-year unblemished record in the Defence Forces has received a four-month suspended sentence for a late-night assault on a garda. Gary Stephens (41) pleaded guilty at Galway Circuit Criminal Court to one count of assault causing harm on January 1, 2024, in Ballinasloe town. He has three previous convictions, two of which are for public order

A man with a 20-year unblemished record in the Defence Forces has received a four-month suspended sentence for a late-night assault on a garda.

Gary Stephens (41) pleaded guilty at Galway Circuit Criminal Court to one count of assault causing harm on January 1, 2024, in Ballinasloe town. He has three previous convictions, two of which are for public order and one for drink driving.

Passing sentence, Judge Brian O’Callaghan said Stephens, of Moher, Ballinasloe, had shown “genuine remorse”.

He said the aggravating factors in this case were Stephens’ aggressive nature, the velocity of the punch delivered and the damage caused to the injured party.

The judge said the mitigating factors were Stephens’ relatively young age and the fact that he immediately addressed his personal issues by going into rehab within one week of the offence.

He noted Stephens’ career to date with the Defence Forces, along with his strong family background and commitments.

He sentenced Stephens to four months in prison, which he suspended in full for 12 months. The judge said this matter was dealt with on a summary basis as directed by the Director of Public Prosecutions.

Sergeant Brian Spain told Brendan McDonagh BL, prosecuting, that on the night in question, two plain clothes gardai stopped their patrol car and spoke with Stephens, who was walking down the street.

The gardai had a brief encounter with Stephens, before he struck the car with his hand and walked away.

The court heard that one of the gardai immediately exited the car and followed him. Stephens then turned and struck the gardai with a closed fist to the face, causing the garda to fall to the ground.

The garda managed to get to his feet and assisted his colleague in arresting Stephens for a public order offence. CCTV footage of the incident was played to the court.

Sgt Spain said that in June 2024, Stephens was charged with assault causing harm. He was interviewed and made admissions to gardai. He appeared before the District Court, but the judge refused jurisdiction and he was then sent forward to the Circuit Court.

The court heard that Stephens has been a member of the Defence Forces for over 20 years, involving multiple foreign deployments.

Sgt Spain agreed with Brendan Bourke BL, defending, that Stephens has an unblemished career record.

The garda agreed with counsel that his client stated he went into “combat mode” on the night in question.

Mr Bourke said his client entered the Cuan Mhuire Centre one week after the offence and completed a 12-week course, and has not had any alcohol since.

Counsel said on the night in question, Stephens was intoxicated beyond rational thought.

He said that the probation report before the court places Stephens at low risk of re-offending. Stephens also had €7,000 as a token of remorse in court for the injured garda.

Stephens took to the witness box and read letters of apology to both gardai and to the court, in which he outlined that the actions on the night were unacceptable and that he takes full responsibility for the offence.