Had to be dragged off female garda during feud dispute

A grandmother of 11 had to be dragged off a female garda after attacking her during a feud, swinging her around and hitting her head on a car bonnet, Mullingar District Court has heard.

Garda Nora Cloherty had injuries to her back, neck and jaw and scratches on her chest.

She remains on sick leave more than three years after an assault at the hands of Mary Nevin (55) of 4 Columb Drive, Mullingar, Westmeath, on August 8, 2023 at O’Growney Drive, Mullingar.

Ms Nevin appeared and pleaded guilty to assaulting Garda Cloherty during a row which resulted in a large garda presence including officers from the Public Order Unit.

Sgt Alan Browne said Mary Nevin was among those in a public area as gardaí arrived and attempted to arrest a number of male suspects.

Judge Catriona Murray was told how Ms Nevin refused to comply with a direction under the Public Order Act to desist from shouting at gardaí.

In his evidence and reading from a statement provided by his colleague, Sgt Browne said Garda Cloherty recalled Ms Nevin shouting at officers to “get off” the group of men who gardaí were attempting to arrest.

Sgt Browne said Garda Cloherty was “spun 180 degrees” by her aggressor, causing her to hit her head against the bonnet of a parked car.

Ms Nevin was then “on top” of the garda “with her hands around her neck”, the court heard.

Sgt Browne said she was “eventually pulled off” by members from the Public Order Unit.

Mary Nevin later attended Mullingar Garda Station to give a voluntary cautioned statement of her account of events.

Sgt Browne said that Ms Nevin said she had mental health difficulties, and relied on prescribed medication.

The court was told how her involvement in the fracas had escalated after her attempts to act as a peacemaker in a feud failed; she said she is related to both people on sides of the feud.

Sgt Browne said a medical report on Garda Cloherty indicated soreness to her neck and back, resulting in reduced movement to the former, bruising, redness to her jaw and scratches to her chest.

The extent of the injuries has prevented Garda Cloherty from returning to full-time duty, the court was told.

Defence barrister Ross Nestor, BL, tendered a “full and frank” public apology to Garda Cloherty.

He his client’s conduct, while disproportionate, was brought on by a “momentary action in the hazy red mist” of a feud she was inadvertently caught up in.

Mr Nestor said Ms Nevin’s continued engagement with community addiction and mental health services locally was not an attempt to deflect culpability, but to contextualise the constraints the mother of six faces.

“That is no excuse for her behaviour on the day in question, and only adds colour to the picture of what was going on,” he said.

He pointed out Ms Nevin’s previous unblemished record and that she has not come to garda attention since.

He said she “faced the consequences of her actions”, was embarrassed and remorseful.

Mr Nestor said his client had €500 by way of a token gesture in compensation. Mr Nestor asked the court to preserve Ms Nevin’s clean record or, at worst, “exhaust all non-custodial sanctions” open to it.

Judge Murray said the court had to take account an assault on a serving garda and the impact it has had on her, but given the remorse the defendant had shown and her otherwise “good character”, applied section 1 (2) of the Probation Act and ordered Ms Nevin to enter a 12-month peace bond.

The €500 in compensation was directed to be handed over to the garda charity, Little Blue Heroes.