The incident happened at an observation cell at Limerick Prison
AN INMATE who spat in the face of a Limerick prison officer while being transferred to an observation cell will not have to serve any additional time behind bars.
Edward O’Sullivan, 31, who has an address at Parkview Gardens, Lord Edward Street had denied assaulting the prison officer at Limerick Prison on January 13, 2017.
The complainant who is a member of the control and restraint team said he was one of number of prison officers who were involved in moving the defendant at around 10.20am.
He said he was brought to the padded cell and placed in the foetal position as per established protocol.
The prison officer said he was the last to leave the observation cell and that after he let go of Mr O’Sullivan he “sprung to his feet” and spat into his face and mouth.
The complainant, who can be seen on CCTV wiping his face as he leaves the cell, attended his GP as a precaution following the incident.
Mr O’Sullivan, who has more than 140 previous convictions, told the court he did not assault anybody and claimed he had sustained two black eyes after he was assaulted.
“I didn’t assault no prison officer at Limerick Prison,” he said.
The defendant, who is currently serving a lengthy sentence for robbing a pensioner in the city centre, said there wasn’t “a stitch of evidence” against him and he accused prison of officers colluding with each other “to get a couple of thousand euro”.
While the incident was not captured on CCTV, Judge Brian O’Shea said it was “clear as day” from the footage recorded in the outside corridor that “some sort of force was applied” to the complaint’s face inside the cell.
He said spitting is a vile act and that front-line workers such as prison officers are entitled to go about their lawful business and that the courts have to be seen to protect them.
He imposed a four month prison sentence which is to be served concurrently with the sentence Mr O’Sullivan is currently serving.
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