Cork builder who resisted arrest and assaulted police convicted on multiple charges

A Co Cork construction contractor who resisted arrest when stopped on suspicion of drink-driving and had to be carried “kicking and screaming” to a garda van has been found guilty of four separate offenses in the district court.

Inspector Tony O’Sullivan, prosecuting, told Fermoy District Court that in the early hours of October 2, 2022, a black Range Rover Discovery was observed driving erratically in Fermoy town centre. The vehicle did not indicate anything when turning a corner and was unable to stop for Gardaí.

Garda Jamie Green told the court the Range Rover arrived at the library car park in the town center at 3.15am.

The garda said the driver, Aidan O’Sullivan, 38, of Duntaheen Road, Fermoy, Co Cork, appeared to have glassy eyes, slurred speech and smelled of alcohol. Garda Green concluded that Mr O’Sullivan was drunk in control of a vehicle and arrested him.

When Mr O’Sullivan was told he would be taken to Fermoy Garda station, he “became enraged” and demanded a breathalyzer test.

O’Sullivan refused to get out of the vehicle and told the garda: “I’m not going anywhere, you’ve never met anyone like me.”

Garda Green said he called for help and another garda arrived, but O’Sullivan continued to grip the steering wheel tightly.

The court was told he then took a glass bottle of mineral water into the passenger footwell, attempted to drink from it and then brandished it upside down in a threatening manner. More gardaí arrived and eventually pepper-sprayed Mr O’Sullivan and removed him from the vehicle.

O’Sullivan continued to struggle and scream, and it took five members to physically transport him to a Garda van.

As he was being carried, he freed his right leg and kicked Sergeant Majella O’Sullivan causing injuries that led to her being off work for two weeks with swelling and bruising and having to have a sling placed on her arm.

Niall Harte, police member in charge of Fermoy Garda Station, said when Mr O’Sullivan arrived at 3.20am the decision was made to take him straight to a cell because he was still very aggressive.

When he was placed in a cell, Garda Harte said he observed that O’Sullivan had soiled himself and was unable to stand. He was placed on a bunk where he continued to kick Gardaí and shout abuse at them.

Sergeant Majella O’Sullivan requested that Mr O’Sullivan take a breath test to which he replied “fuck you”.

Mr O’Sullivan had suffered a cut to his eye and was also complaining of chest pains and a doctor was called. He was taken by ambulance to Mercy Hospital in Cork for assessment after the legal three-hour period in which a breathalyzer test must be taken had expired.

Witness Lorraine Higgins told the court she had met Aidan O’Sullivan at 2.45am in Fermoy, and that he appeared sober to her at the time.

Defense Counsel Alan O’Dwyer said his client had no previous convictions and had been willing to undergo a breath test, but the delay was not his fault. He said his client had been drinking non-alcoholic beer, which explained the smell of alcohol.

Mr O’Sullivan handed in a letter of apology and apologized in court to Sgt O’Sullivan for the assault.

He said he was embarrassed by his behavior that night and was embarrassed to be in court.

He denied that there were any bottles in the car and denied that he was intoxicated when he was stopped. He pleaded guilty to charges of assault and resisting arrest.

Judge Colm Roberts questioned why the defendant did not call any witnesses who could testify that he was seen drinking non-alcoholic beer that night.

He said: “He claims he smelled of alcohol but he wasn’t drinking alcohol, he acted like a drunk but he wasn’t drunk. “There is no credible alternative explanation for his behavior.”

Judge Roberts said he had examined the case law and was satisfied that Mr O’Sullivan was guilty and convicted him on all four charges: drink-driving, resisting arrest, assault and presenting an article capable of causing injury. serious (in relation to the bottle).

For the drink-driving charge, he disqualified Mr O’Sullivan from driving for four years from September 14. He deferred sanction on the other three matters until September 13 to allow a probation report to be prepared.