Being spat at 'degrading and deeply disrespectful', garda tells court

Courts Reporting Scheme

A garda said he felt “degraded and disrespected” after being spat at in the face by a man during an arrest in Tallaght, a court has heard.

Jason Osbourne (46), of Thornfield Square, Clondalkin, Dublin 22 pleaded guilty to assaulting Garda Joe Glennon by spitting in his face and obstructing Garda Peter Collins during an incident in Tallaght on July 30, 2022.

Tallaght District Court heard that Mr Osbourne spat in the face of Garda Joe Glennon while being placed in the back of a patrol car, after becoming aggressive during his arrest. He also spat at another garda as he resisted efforts to bring him to Tallaght Garda Station.

Sergeant Mick Ormsby told Judge Patricia McNamara that on July 30 that year Garda Joe Glennon arrested the accused on the N81 in Tallaght shortly after 10am for public order offences. Mr Osbourne was placed in the back of a patrol car with Garda Glennon, who chose not to handcuff the defendant out of respect.

However, Mr Osbourne became agitated, removed his seatbelt and spat at Garda Glennon – with the spit landing on the garda’s forehead.

He was then removed from the car, restrained in handcuffs and placed in a second patrol vehicle. As this happened, he attempted to spit at the gardaí a second time.

Garda Glennon later provided a victim impact statement, saying: “It was degrading, upsetting and deeply disrespectful to me as I carried out my duties.”

Defence counsel Ciara Ní Ghabhann BL said her client had since engaged fully with the Probation Service and was “aggrieved at the time” as he believed he was being accused of a more serious matter. She said he had shown remorse and had apologised in person to Garda Glennon at the Criminal Courts of Justice.

Judge Patricia McNamara said she had taken Garda Glennon’s victim impact statement into account, along with Mr Osbourne’s early guilty plea, his personal apology to Garda Glennon and ongoing engagement with the probation services.

She convicted him of assault under Section 2 of the Non-Fatal Offences Against the Person Act and of obstruction under Section 19 of the Public Order Act.

She ordered that Mr Osbourne complete 120 hours of community service in lieu of a five-month custodial sentence, subject to a suitability report.

He was released on bail and will return to Tallaght District Court on September 26 for final sentencing, when a fine will also be imposed.

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