Tom Tuite
A Dublin mother, who kicked a garda in the stomach as the officer and her colleagues tried to break up a street brawl, has been spared jail.
Chloe McDonagh, 24, of Gateway Mews, Ballymun, was convicted and fined €400 after she pleaded guilty on Wednesday.
She faced charges for assaulting the garda at Dorset Street and failing to comply with a direction to leave the vicinity in the early hours of July 24th.
Dublin District Court heard the incident started after she had a row with her husband and others became involved.
Court presenter Garda Sergeant Laura Byrne told Judge John Brennan that gardaí intervened and tried to arrest one of the group.
McDonagh tried to pull one officer away by holding her stabproof vest and then kicked a female garda in the stomach.
The mum of one had no prior criminal convictions.
Judge Brennan noted the garda did not need medical attention, but he described McDonagh's actions as "completely unacceptable".
He said she had intervened as gardaí were doing their work in a "heightened situation".
Heightened situation
He also remarked that she had not apologised to the officer.
The defence submitted that McDonagh had hoped to apologise at court; however, the garda did not have to attend the hearing.
Describing the incident as “by no means a minor assault”, he added that he took a very “dim view” of her involvement in a situation which was “difficult enough for gardaí”.
Her husband Martin McDonnell, 23, also of Gateway Mews, Ballymun, was spared a conviction and received the Probation of Offenders Act after he pleaded guilty to a public order charge.
The couple was granted social welfare after the judge learned they were on social welfare.
He had no prior convictions. Judge Brennan said he hoped the accused learned a lesson.
The court heard he "took off his top, clenched his fists" when the argument spilt onto the street.
His father, Martin McDonnell Snr., 42, of Heathfield View, Cappagh Road, Finglas, Dublin, was fined €100 after admitting he failed to leave the vicinity during the row.
He told gardaí he would fight them until they warned him they would use pepper spray.
The court heard the father of three, who is also a carer for another family member, had 21 convictions for motoring offences.
