30 Jun 2022

Man who kicked out at sergeant and patrol car avoids conviction and pays €400 to Garda social fund

Man who kicked out at sergeant and patrol car avoids conviction and pays €400  to Garda social fund

A man charged with a number of public order offences, including kicking out at arresting gardaí, was ordered to pay €400 to the Garda Social Fund and avoided conviction under Section 1(2) of the Probation of Offenders Act.

Dmitrij Daciuk, 32 Thomond Court, Ballymahon, appeared before Judge Seamus Hughes at last week’s sitting of Longford District Court.

Sgt Mark Mahon, for the state, explained that, at 8.30pm on March 22, 2021, gardaí were conducting a checkpoint at Thomond Court, Ballymahon when they observed a vehicle turning away.

“Gardaí followed the car to Thomond Court and observed a male on the road attempting to block the patrol car,” said Sgt Mahon. “He was visibly intoxicated. Gardaí asked for his name and address and he refused to give details. He continued to become aggressive and told the gardaí to f*ck off.

“He was arrested and placed in the patrol car but he resisted and had to be restrained with handcuffs.

“He kicked out at Sgt Reddington and was placed in the car. He continued to kick out at the windows of the car and had to be further restrained - they had to physically lie down on him to avoid damage to the car.

“The whole incident went on for 20 minutes while trying to restrain him.”

Judge Hughes noted that the man had refused to give his name and address and asked if he accepted his conduct in the garda car.

Solicitor for the defence, Mr John Quinn, explained that his client had “absolutely no English”.

“He had two very good English words that night,” commented Sgt Mahon.

Through his interpreter, Mr Daciuk told the court that gardaí had “pushed” him and that he wanted to know why he was arrested.

“He asks can any person in the street be arrested for no reason,” said the interpreter.

“I think you’ll find there was a reason,” said Judge Hughes, “and whether it was a good cause or otherwise, he cannot get into a garda patrol car and kick a Sergeant or a patrol car.”

The case was put back to second calling to allow Mr Quinn to converse with his client via the interpreter. When it was recalled, Mr Quinn explained that his client was sorry for the incident.

“He’s asking me to apologise profusely for his behaviour. He doesn’t normally behave like this. He had a lot of alcohol that night,” said Mr Quinn.

Judge Hughes ordered Mr Daciuk to pay €400 in court that day but the accused tried to haggle the price down.

“He would be able to pay €300 today,” said the interpreter.

“I might change my mind to €500 but I’ll leave it at €400 for a minute. He can go and borrow €100,” Judge Hughes replied.

“Can I pay less?” Mr Daciuk asked.

“The judge has said €400 has to be paid,” Mr Quinn told his client.

“€400, yes or no,” said Judge Hughes.

“Yes, I’ll pay it,” said Mr Daciuk who proceeded to count €400 in cash from his wallet and hand it in to the court.

Observing this, Judge Hughes remarked, “I set my charge too low, I’m disappointed in myself.”

He noted that Mr Daciuk had no previous convictions and ordered a Section 1(2) POA. The €400 was donated to the Garda Social Fund.

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