Midlands Garda forced to relive 'painful detail' of double eye socket fracture attack

A GARDA told Tullamore Circuit Court of the injuries he suffered as a result of an early morning assault outside a take-away restaurant in the town.

Garda David O'Grady delivered a victim impact statement during a sentencing hearing on how the assault by Adam Daly (23), Hillside, Clonaslee, affected him.

Mr Daly had previously been on trial at the Circuit Court and was found guilty by a jury of assaulting the garda.

The offence was committed on November 26, 2023 outside Supermac's, Church Street, Tullamore and the court heard things spiralled out of control at about 3am after Mr Daly entered the premises and insisted he had paid for food earlier.

Sergeant Dermot Murphy said gardai were called because Mr Daly displayed a lot of aggression and when Garda David O'Grady and Garda Paul Walsh responded they tried to calm things down.

When the defendant was asked to leave he threatened Garda O'Grady, saying “I'll get you” and when he went outside he remained there and was asked to leave the area but refused.

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A struggle ensued when the man was told he would be arrested and though Mr Daly had said “I'm not resisting” there was CCTV footage of the incident and pepper spray was deployed by the gardai.

Garda O'Grady received a blow to the face and photographs of what was described as a “quite nasty injury” were handed in to Judge Keenan Johnson.

Mr Daly, who was highly intoxicated, was eventually restrained with the help of Supermac's staff and a member of the public.

Sergeant Murphy said Garda O'Grady was brought to Tullamore Hospital where it was found that he had a fractured eye socket. He was still off duty.

Mr Daly defended his actions when interviewed by gardai later and said he had not been resisting arrest.

A single father of one young child he had been working as a roofer at the time and was still in employment in stage construction at events. He had 17 previous convictions, including convictions for assault.

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In his victim impact statement Garda O'Grady said he had suffered two fractures to his eye socket and nerve damage to his face.

What made the experience more difficult was that he had to endure a full criminal trial where he had “to relive the events in painful detail”.

Judge Keenan Johnson said the garda had his sympathy and he shouldn't have been subjected to the assault. “The gardai do a very important job,” he said. “They go out in the morning and they don't know what they're going to endure during the day.”

William Fennelly, BL, prosecuting, said the maximum penalty for assaulting a garda was 12 years and Mr Daly had also been convicted of public order offences which attracted fines of up to €2,500 and six months in prison.

Michael Hourigan, SC, defending, said Mr Daly had written a letter setting out his regret.  He had huge respect for An Garda Siochana and apologised to Garda O'Grady.

His partner had also written a letter to the court in which she set out his good qualities and that he had changed her life for the better.

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Mr Hourigan asked the court to give Mr Daly an opportunity “to amass a sum of money” as an expression of remorse and he would be able to return to court with €2,000 he already had saved, and perhaps more.

Judge Johnson said the assault was a hugely serious one and Mr Daly had two convictions for assault only 25 days before the offence now before the court. The gardai had a job to do and “to protect and keep us safe” they put themselves at risk doing their duty.

He remanded Mr Daly in custody to October 7 next for a probation report and for finalisation of sentencing.