Garda used pepper spray used to effect arrest in Limerick

Apology: Darrach McCarthy

Apology: Darrach McCarthy

  • by Mike Dwane

A MAN who resisted arrest and had to be subdued with pepper spray has been ordered to do 40 hours’ community service.

Mark O’Halloran, 32, of Delmege Park, Moyross, was charged with threatening and abusive behaviour, failing to comply with garda directions and resisting arrest on April 26 last year.

Garda Andrew Riordan said he had been called to a domestic disturbance at around 7.10pm. O’Halloran had shouted obscenities at gardai and at members of the public.

Garda Riordan told Limerick District Court he had asked the accused to leave the area on more than two occasions but O’Halloran had run at him with his arms raised.

“He grappled with me. I asked him to desist and warned him I would spray him with incapacitant spray if he failed to desist,” Garda Riordan said.

O’Halloran was arrested after the spray had been used but continued to be aggressive in the patrol car en route to Henry Street garda station.

Solicitor Darrach McCarthy explained that there had been a “fractious family incident” on the night and that his client had “taken exception to the fact that the gardai were called.

“He apologises for his behaviour and for having put Garda Riordan in a position where he felt he had to use his pepper spray,” he said.

The accused was back living at the address where he was arrested and relations with his family were now better in large part due to O’Halloran’s efforts to deal with a drug addiction.

Noting that the accused was “ a big strong man”, Judge Eugene O’Kelly described his behaviour towards Garda Riordan as “totally unacceptable”

Judge O’Kelly remanded him on bail to appear again on April 23 for a report on the his suitability for 40 hours community service in lieu of two months in prison on the charge of resisting arrest.


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