A pharmacist who went drinking in a pub after being “upset and aggrieved” at having been sent off during a GAA match, and who that night ended up leading Gardaí on a high-speed car chase through Longford town before crashing his jeep and assaulting a Garda, was today given a two-year suspended sentence by Judge Jonathan Dunphy at Longford Circuit Court. He also received a lengthy driving ban and multiple fines.
The accused, Mr Seán Stakelum of Park Road, Longford, brought to court a bank draft for the sum of €30,000 by way of compensation for Garda Barry Gillespie. He also made a donation of €2,000 to the Garda Benevolent Fund.
The court was told these were tokens of regret for Mr Stakelum's "uncharacteristic" actions on the night.
Mr Stakelum had pleaded guilty to all 7 offences arising from the incident in question, which occurred on the night of October 4, 2020, namely 1 count of assault causing harm to Garda Gillespie, 1 count of resisting or wilfully obstructing a garda acting in the execution of duty, 1 count of drink driving, 1 count of drug driving, and 3 counts of dangerous driving.
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In respect of the 3 dangerous driving charges, Judge Dunphy convicted and fined Mr Stakelum €500 for each of the 3 charges and gave him 12 months to pay. He was disqualified from driving for 4 years.
In respect of the drink driving charge, the pharmacist was again convicted and fined €500 with 12 months to pay. For this, he received a 3 year ban.
For the drug driving charge, Mr Stakelum was convicted and fined a further €500 with 12 months to pay. This carried with it a 12 month driving ban, which, Judge Dunphy explained, “was an increase of the minimum mandatory given all the circumstances of the case, including his occupation.”
The disqualifications will run concurrently. On the charge of obstructing a Garda, Judge Dunphy said he would exercise his discretion and directed it to be dealt with "by way of peace bond for 12 months on his own bond of €500."
The full facts of the case, which were disclosed during a sitting of the court last week, detailed how Mr Stakelum was first spotted by Garda Gillespie driving at speed in the Market Square area of Longford town.
After failing to stop for blue lights and sirens, a high-speed chase ensued, ending only when Mr Stakelum “overcompensated” on a turn at Deanscurragh Estate, striking a wall as a result.
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As Garda Gillespie attempted to prevent Mr Stakelum from potentially leaving the scene, a struggle broke out, during which, the Garda fell, dislocating his shoulder, and breaking a finger. Garda Gillespie told the court he was out of work for 18 months.
On the night, Mr Stakelum was arrested and taken to Longford Garda Station, where tests showed he was almost four times over the legal alcohol limit and testing positive for cocaine.
Prior to the sentence being delivered, Senior Counsel for Mr Stakelum, Barry White, presented a number of references to the court which spoke to his good character, including one from a customer based in Tipperary who said despite living such a distance away, she still continued to travel to Stakelum’s Pharmacy in Longford such was the value of his assistance to her.
Mr White also presented to the court a letter of apology written to Garda Gillespie, who was in attendance for the sentencing.
The Senior Counsel told the court he was conscious of what had been referred to in Garda Gillespie’s Victim Impact Statement as ‘delaying tactics adopted by Mr Stakelum' during the proceedings. This was in reference to the case having been put back on a number of occasions.
Mr White explained that he had made inquiries and found that “the bulk of adjournments arose in circumstances where the court itself had put matters back.”
This was not the fault of Mr Stakelum but rather standard practice of the court, he said.
After taking time to deliberate the matter, Judge Dunphy returned to deliver his judgement.
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He said, “it has been accepted that the manner of driving by the defendant and his behaviour in the immediate aftermath was erratic, unlawful, and, as described by counsel the last day, a night of lunacy.”
Judge Dunphy went on to state that Garda Gillespie “had clearly received significant injuries during the course of duty that night, had to take 18 months off work experiencing pain from his injuries including but not limited to, sleep difficulties and emotional distress which of course had a significant impact on his loved ones also.”
Having first set a headline sentence of 3 years in prison, Judge Dunphy added that he was taking into consideration Mr Stakelum's plea of guilty to all 7 charges, and said he was therefore imposing an actual sentence of 2 years imprisonment for the assault.
The Judge noted the background factors in effect at the time, including Mr Stakelum’s personal circumstances at the time of the offence.
Referring to the significant quantities of alcohol Mr Stakelum had consumed after being sent off during a GAA county final earlier that day, Judge Dunphy said this had led to “erratic behaviour and decision making, much of which the defendant cannot even recollect.”
The Judge added, “That seems now, at this point, I accept, uncharacteristic and the defendant has taken significant steps over the last in excess of 5 years to address this. His circumstances now are that he has addressed all the risk factors of the case, he has provided clean urine, he has engaged in counselling, and they have been a feature of his life ever since."
"He presents as someone who continues to be a working professional, contributing to the community here and further beyond, with a strong reputation for providing assistance in work and otherwise to many others."
"Whilst the incident was a spectacular fall from grace, it would appear he has done everything since to address any area of concern."
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Judge Dunphy accepted Mr Stakelum’s “genuine apology” noting that the victim had also done likewise.
He added, “The character references which spoke of his good family, his good standing in the community and all that he does to assist others, is clearly notable. He operates a valuable service to the community by way of the pharmacy, is in full time employment with several people working under his supervision, and his responsibilities as a father are all a priority for him. His engagement with the case at this juncture is strong and he has now offered a sum of money as a token of regret for his actions on the night.”
The fact that Mr Stakelum had not re-offended since the incident, and had also made a conscious effort to address areas of concerns, bode well in his favour, said the Judge.
Prior to concluding the matter, Judge Dunphy said he was "of the view that the risk of reoffending is low", and that if given the opportunity, Mr Stakelum "will continue on the right path.”
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