Jail for Limerick man with ‘Covid’ who spat at two gardai

A JUDGE has described a Limerick man loudly coughing, sneezing and spitting at two gardai after saying “I have the virus”, as “completely and utterly reprehensible”.

Jonathan Kelly, aged 30, who has an address at O’Malley Park, Southill pleaded guilty to assaulting two police officers in Henry Street Garda Station.

Giving evidence at Limerick Circuit Court, Sergeant Fergal Hanrahan said gardai responded to a call at a hostel in Lord Edward Street in the city on March 24, 2020.

He agreed with John O’Sullivan BL, prosecuting, that Kelly was refusing to leave the hostel and was abusive to staff and gardai.

Mr O’Sullivan said Kelly continued to be aggressive on the journey to Henry Street and within the garda station.

“He was taken to the search room where he announced he had coronavirus. He sneezed and coughed loudly in the direction of gardai. He refused to let them search him. When gardai went to restrain him he filled his mouth with saliva and was coughing, sneezing and spitting at gardai,” said Mr O’Sullivan.

The barrister said Kelly told one of the gardai he was going to “get him” when he took the handcuffs off.

“The garda asked, ‘Is that a threat?’. Mr Kelly said, ‘No. It’s a promise’,” said Mr O’Sullivan, who added that saliva landed on the chin of one of the gardai and on the pocket of his stab vest. CCTV footage was shown to the court.

Mr O’Sullivan outlined the gardai’s fears for themselves, their families and their colleagues. The gardai were aware there was a person in the hostel waiting for the result of a Covid test.

The barrister made the point that this incident occurred early on in the pandemic when there wasn’t as much information as there is now.

“There were no masks, no vaccines. There were significant deaths in Italy. It was a very frightening time,” said Mr O’Sullivan.

Both gardai had to move out of their homes as they were living with their parents. Sgt Hanrahan said Kelly has 111 previous convictions.

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Karl Quinn BL, who represented Kelly, said his client wished to apologise unreservedly to the two men.

“I’m not making any excuses. He had a room booked in the hostel. When he went down to get a room he was told there were no rooms available. He was angry. He didn’t want to stay on the streets. He had taken an intoxicant. He lost control,” said Mr Quinn, who described Kelly’s behaviour as “inexcusable”.

Judge Tom O’Donnell described Kelly’s actions as “outrageous”.

“A garda’s lot is not a happy one as they often deal with members of the public in an aggressive mood. The gardai must be complimented for showing remarkable restraint,” said Judge O’Donnell, who spoke of the anxiety experienced by the gardai and their concern over contracting and transmitting Covid to loved ones.

“It was completely and utterly reprehensible. This court must send out a strong message in matters of this nature,” said Judge O’Donnell, who sentenced Kelly to 18 months in jail.

It was backdated to July 9, 2021, when he was remanded in custody.