Custodial sentence for Longford man who threatened to kill garda

Steven Smith (48), of Kilsonna, Granard entered a guilty plea to the charge of threatening to kill Garda Leona Tiernan, while a charge of cultivation of cannabis was entered as a nolle prosequi by the State.

Outlining details of the case Sergeant David Charles told the court that on Sunday, June 12, 2022 at 9pm, Edgeworthstown Garda station received a phone call. The caller asked for Garda Leona Tiernan, but was told the officer was not stationed there.

In the early hours of Monday, June 13, Sgt Charles received a call to Irishtown Garda Station. The caller asked about Gda Tiernan and alleged keys had been taken and his home was broken into.

Referring to an arrest by Gda Tiernan the male caller said: “The lads aren't going to be happy about this,” and said they were “going to get Garda Tiernan”.

The caller was identified as Mr Smith from his mobile phone ID, with Sgt Charles saying “it was not the cleverest of things to do”.

Sgt Charles described the “real and immediate threat to Gda Tiernan”. A patrol car attended the officer's home address in the early hours of the morning to check the safety and well-being of Gda Tiernan.

Members of the Armed Response Unit (ARU) called to the defendant's home address at 5am and arrested Mr Smith under section 5 of the Non-Fatal Offences Against the Person Act for his threat on Gda Tiernan.

In the course of that arrest a phone was seized that linked him to the calls to the Edgeworthstown and Irishtown stations. Also in the search officers found a piece of paper with “Leona Tiernan” written on it.

The defendant was interviewed at Granard Garda Station. In the course of the interview he alleged he was arrested previously and claimed in the course of that arrest he was physically and sexually assaulted and had made a complaint to GSOC.

After that incident he was arrested by Gda Tiernan for an alleged drink driving offence. Gda Tiernan brought him to Mullingar Garda station. In an interview Mr Smith said: “The fact that I saw the Garda in the station made me very suspicious of Leona.”
Regarding the call to Irishtown station Mr Smith said he “had a few cans and some pills. I don’t know the girl”.

The defendant is originally from Ballyfermot in Dublin and had 36 previous convictions ranging from 1994 to 2020. A total of 17 offences are for road traffic charges, 11 for theft and fraud, two for firearms, with the remainder for criminal damage and public order.

The court was told Mr Smith handed in a card, some flowers and a crystal to the station where Gda Tiernan worked to apologise for his actions.

Counsel for the defendant, Niall Flynn BL, said Mr Smith's complaint to GSOC related to an incident where he allegedly had his nose and jaw broken. He said although Gda Tiernan had no involvement in that matter his client was suspicious when he was brought to Mullingar for an alleged drink driving matter.

Mr Flynn said his client co-operated with Gardaí and the phone call made in the early hours of the morning was the result of an incident that “spiralled out of control” because of drink and drugs. Counsel pointed out that in the interview Mr Smith said: “I don’t want anyone to think I would threaten a girl.”

In her victim impact statement Gda Tiernan spoke of the “worry and upset” the incident had caused her and her family. The officer said she lives in a rural area with her partner and two children and is very vulnerable. She described being intimidated by the threats and has installed security cameras in the wake of the threat on her life.

Mr Flynn said his client was genuinely remorseful, adding that Mr Smith led a “crime free life” until 2007, which coincided with the loss of his job following the economic downturn. The barrister said substance abuse played a part in his offending since. Mr Flynn described Mr Smith as “not an inherently evil, or dangerous person”.

Counsel told the court his client is in custody at present and spends 23 hour in lock up because he “doesn’t get on well with other people in prison”.

In his summation Judge Kenneth Connolly noted the threats to kill Gda Tiernan, who was acting in the course of her duties, attracted a maximum sentence of 10 years. The judge said the “sinister threat” was “a source of huge distress” for the victim, and an attack on the system of law and order. He also referenced the fact Mr Smith was on bail at the time of the offence.

In mitigation Judge Connolly acknowledged the early plea by the defendant and described the apology as an indication Mr Smith was “reasonably repentant”. Also noted was the fact he was on a methadone programme.

The crime was described as being “at the lower end of mid-level” for such an offence and as such would attract a four year sentence, mitigation reduced to two years and six months. The final year of that sentence was suspended for five years following Mr Smith's release on condition he keeps the peace, not contact Garda Tiernan and makes a charity donation of €500 to a local cancer charity.