A YOUNG mother who threw a chair at a female garda sergeant after she was arrested for public order offences has avoided a prison sentence.
Earlier this year, Chantelle McCarthy, 22, who has an address at Cecil Street pleaded guilty to assaulting Sgt Eleanor Osborne at Roxboro Garda Station in the early hours of January 8, 2011.
Previously Limerick Circuit Court was told the defendant was arrested on the grounds of the Mid Western Regional Hospital at around 1.30am after gardai were alerted to a disturbance.
Garda Kieran Curtin said McCarthy was “well intoxicated” on the night and was refusing to leave the hospital despite requests from security staff.
John O’Sullivan BL, prosecuting, said as Sgt Eleanor Osborne was trying to note the defendants details following her arrival at Roxboro Garda Station she was “uncooperative, agitated and refused to sit down.”
Judge Carroll Moran was old that at around 2.30am she spat at a wall in the garda station and threw a chair which narrowly missed Sgt Osborne.
McCarthy was then restrained by a number of gardai and placed in a cell at the garda station.
Garda Curtin said Sgt Osborne checked on the defendant a number of times and that on one occasion when she opened the hatch McCarthy spat directly into her face.
“There was no warning, it was an unprovoked attack, ” said John O’Sullivan.
Mark Nicholas BL, said his client had been drinking and that she had also taken Up Johns on the night of the offence.
“She was mouthy and vulgar and it was deplorable behaviour,” he said.
In January, McCarthy told the court she had “been off pills and drink” for a number of months and she gave an undertaking to stay off them.
During a review of the case this week, Judge Carroll Moran was told she has “changed completely” and that she is no longer taking drugs.
“It is a good news story,” said Mr Nicholas who urged the judge not to impose a custodial sentence.
The judge described the defendant’s behaviour as disgraceful and he said in his view the spitting incident was the more serious of the two offences.
However, he said he was willing to give McCarthy a chance and he imposed a 12 month prison sentence which he suspended for two years.