Longford garda assaulted and called 'bimbo tramp' during arrest

A retired fisherman who called a female garda “a bimbo tramp” before assaulting her as she attempted to arrest him, has been jailed for seven months.

John Robertson Snr (62) of Moatfarrell, Edgeworthstown, Co Longford received the prison term arising from an incident at Shroid, Dublin Road, Longford on March 13 2017.

The father of two had initially pleaded not guilty to the charge but later changed that after lunch when the case returned before Judge Seamus Hughes.

Garda Louise Ann McConnell said she and her two colleagues, Garda Shane O’Connor and Sgt Andy McGuaran were on patrol when they came across a vehicle coming towards them down a narrow lane beside Fallon’s Hardware at Shroid, Co Longford.

She said her suspicions were immediately aroused as there were no visibly identifiable documents on the car’s windscreen.

Shortly after stopping the car, she said Garda O’Connor informed Mr Robertson Snr and his two passengers, son John Jnr and nephew Anthony Boobie that the car was being seized.

It was at that point, she said all three’s demeanour became more volatile with Mr Robertson Snr becoming particularly irate towards Garda O’Connor.

In an attempt to diffuse the situation, Garda McConnell asked Mr Robertson to calm down, a plea which prompted Mr Robertson to shout back: “Shut your mouth bimbo”.

As the situation remained fraught, a second attempt was made by Garda McConnell to placate the increasingly irate Mr Robertson Snr.

“I told you to shut up bimbo,” came the reply from the defendant.

Sgt McGuaran, she added, issued Mr Robertson Snr to leave the area under Section 8 of the Public Order Act with Garda McConnell for a third time urging the accused to tone down his behaviour.

“Shut your mouth, bimbo tramp,” Mr Robertson Snr replied, leading Garda McConnell to proceed with arresting him under Section 6 of the Public Order Act.

During the course of those efforts, Garda McConnell said Mr Robertson Snr lashed out at her, causing her to stumble backwards and lose her grip.

In a bid to come to the aid of their colleague, both Garda O’Connor and Sgt McGauran continued to arrest Mr Robertson Snr despite significant resistance by the accused.

She added John Robertson Jnr attempted to interfere in the arrest by grabbing hold of Sgt McGuaran and pulling him away.

Garda McConnell said despite warning Mr Robertson Jnr over his actions, she was forced to use pepper spray on him.

In the meantime, she said Mr Robertson Snr was now sitting on the ground complaining of feeling unwell.

She said his nephew, Anthony Boobie indicated the defendant may be going into cardiac arrest and an ambulance was called for.

When it arrived, Garda McConnell said both Mr Robertson Jnr and Mr Boobie left the scene with Mr Robertson Snr being observed getting into the ambulance.

In the aftermath of the incident, she said follow up tests with medics at Tullamore’s Midland Regional Hospital showed she had suffered a ‘subfluxation of the joint’ or mild dislocation of the left thumb.

There had also been ligament damage caused with her consultant giving Garda McConnell the option of surgery after it emerged the joint had not gone back into place fully.

As she displayed her thumb and her new found double jointedness which caused Judge Hughes to wince and look away in discomfort, Garda McConnell said: “There is no pain in it at the moment, but during the winter it gets stiff.”

She also revealed Mr Robertson Snr, as a result of the incident, declined to go to hospital after emergency personnel arrived at the scene.

In defence, solicitor Frank Gearty said Mr Robertson believed he was covered to drive the car on the day as there were trade plates on the vehicle he had picked up from a garage on loan.

“He will say he believed he had done nothing wrong, that it (car) was ok,” he said.

Mr Gearty also played down claims his client had “swiped” at the garda but did concede Mr Robertson’s use of language was “appalling” and “should never have been used”.

Mr Robertson Snr, himself, took the stand after lunch. He likewise apologised for his choice of words on the day, but accused Garda McConnell of being economical with the truth.

“I didn’t like her lies,” he said, insisting the car did come equipped with trade plates.

He also said he had recently undergone keyhole surgery on his shoulder.

“I did not lash out. She told lies about me. She put her hands on me and assaulted me,” he said.

After changing his plea to guilty, Mr Gearty said his client had been “reckless rather than intentional” as to his actions in injuring Garda McConnell.

Mr Gearty said Mr Robertson Snr was a retired deep sea fisherman who had worked across the North Sea and was someone who had endured adversity in his life.

“He apologises profusely for what he said,” commented Mr Gearty.

Judge Hughes, however, said the lack of any form of compensation by the accused had effectively meant there was only one option open to him in terms of sentencing purposes.

“I am not satisfied community service is a suitable remedy in this situation,” he said.

“There are many people suitable for community service but I find it particularly aggravating that he (Mr Robertson Snr) should address the garda in the way he did, not once but three times.”

He also called into question Mr Robertson Snr’s genuineness, adding: “The case was fought up until the last minute and I don’t detect one scintilla of remorse in the man.”

He sentenced Mr Robertson Snr to seven months in prison.

Recognisances of €250 and an independent surety of €1250, subject to approval, were fixed in the event of an appeal.