Eight months jail fQr nmnmg .

down Garda
A CARDA thll WHk told ebo fined him noo on a
Kenmue Court how be charrlt of da.nreroua
,..., 'catapulte<i Into the driYlnr. bannlnr blm
ea' wh.n tnKlc by a eu from clrlvlnr for thr..
dri.-.n ttralcht at hlm at yn.ra and. firM<l bim an
apHd while h wu on additional fSO on a cbarre
of drhln1
checlc,point duty.
The Cerda e l.o told how iiuur.Dc.. The .Ufandant
be liad to crawl throucb waived hi.e rlfhc to trial
thick underpowth after before Judsa and Jury,
ucaplnJ OYer a wall aa the optlni for trial . In tha
car ,...,.,Md toward h.lm. Dlttrict Court. Ha hu
The drfwr ol t!ie ..RM car lodccd an appaa.l qainat
followed oYer t.he wall, the eenunca.
0.ftildlni eollcitor, Mr.
loo)dns for him. The
Gerda' lnJuri.. includ.cl Michael Larkin, atked
two broktn handa and Juetlce Kclld1cr to con
aldu au1pand in1 the
utmrn cuta and
priton unten c e . Mr.
Defendant, Mr. Phlli:p l..al"kin 11ld ltt had no
David H1.1ton (SS) an
nnoy tba.Juatlc,
elocttlelan, ma.rried, of hit own vie w o f the
Bar End, Dromatouk, Incident waa j uat a
Kenman, plucied C\lilty ..r ioua aa the Ju.tl ce' 1
to aua\llt l n1 Cerda view. But h w . . aaltlns in
Michael O'Brien of view of th. men' preriou
Kenmare by drivlnt a car 1ood rec.ord .lid hit cood
at him and occulonini conduct,. Immediately
him actual bodily ha.rm at followinr the . - I t. The
Killowen, K.. nmare, on Solicitor a.tlcad if hc could
May 17 last.
find It In hla heart u
Juetlca Humphrey Chmtmaa approached to
Kelleher Mntwccd Phj)jp cu1pend the priton
Hayton to
month. ln tenhncc . ' W i ll the
pruon for tbe aaea\llt. Ha deftndant b.ncfit and will

'""'

aociety benefit from

lncarccratlnJ thh )'OUl\I
manf" Mr. Larkin ..id.
Judice Kellehtt repl!.d
that he didn't belle" that
toeletT would bcDdir and
prlaon may be no
deterrent. But he could
not ew:pend th a.entence.
"U it 10ea forth from
thU Court In tlle nnn
PJ>U, that thb man wat
Mnttncad to clfbt month.
lmprho.nment today, It
m l1bt atop people dtlYi.ns
CUI at nMmbere of the
Cania. Slochana," Jwtice
Kellehtt, commented.
The Ji:etX. ..id he b.d
no w4h to comnwnt thw
.. he P6ucd tentence.
" Hard CMU make b.d
law arid your clleot 1hould
le.now th.at only for you
he'd b. roina away for 12
montb1. He fOI h lmtclf
Into taribl. mna and
he'll bae 'to pay for II,"
J1u lX Kell.her a.Id .
S\lpt. M icha.el Burke,
JO..CUlinf. rud a 1tatemc nt made by Carda
MM:l\MI O'Brie.n. h told
how Cuda O' Brim wa1 on
m.oblla duty from 6 Q.m.

to % a.m. on May 16117

lu<. At U .S p.m . he droora
thcrtrol car to Klllowen
parked o n the
an
Kenmare tide of the
/lelct - undtr a
tlnel lie ht wl\h the C.nla
tlsn lit up. ,
IW wo-re a acocch llsbt
b.lt .M ea mad a tore h.. 1t
wat a line, briJht nlaht. At
12.30 a.m . ho atopped
Philip Hayton and ukcd
him (or hlt tu, l.mwanca
and drlnr'a li<..nce. He
undertook to procfuc4 hit

licenc. and Jne\lrt.n 1n

Kll1e.rvan Crd ttlon.
Card O'Btkn a.id the
man ,,.... alone arid there
teemed to be no t ifn of

mtoocetion.
. tattr, at 12.so a.m.,
Carda O'Brien wot
by a tthk:k
and Joi. \Jnalled It to tlo p.
lt 110...-.d down, ci'rins th
lmprooiol'.l o( atopplnr.
but wddenly It ineruacd
apeed and dro'e atra.la ht a I
him. The c:u 1tn1c:!t him
end ho romembttad bdnr
cetapu lted thro"'h the eir
and he ended up face
downward& acalna tlM roll

llnlca wlll.
The\ car raYorted
t ow a r de hlr:n and ha
1cra.mblrd o'tr the wall,
landlnc. I n
denee
undupowth. Ji.. C1'.. wlecl
throush the unduirowth
u the driYer had followed
bun: Fina lly,
the
c:., dtl'le awaJ' In the
of Kllsarvan. He
knew that Philip Hayton
"'" the driver'.
Supt. Burlce a4o f'Oad
ttattmtnt that Phll(p
Harton had made in
Kll1arvan Carda Barracb
to Cud TOl'.n MacDonnell Jiut rwo houri ..fter
the Incident.
Philip H111ton .aid h
had left the Purple
Htethtr In Kflllnaff at
\l .(S th.t nicht and b.
dton tcnrarda KllrU"Van.
Cuda O'Brln atopped
him and aalccd about h la
tu, inturanc-e and licenc:e.
He qrecd to produea thoic
In Kilcanan and droTe on.
He later atatcd th.Gt ru
inauranc.. had explrtd on

Much I, 19Sf.
He drove b.ck around to
try to e-.plaln ht. position

to Cllrda O' Brien, but at

he neerc<i the Cude, b.e
p.onlclctd thinkin11 bout
the conaequtne-et ol !ielnt
without hla ca?. Aftu he
trudc tho Ca r d a he
rveraed hack and
followed him ovtr the wall
intcndl"I' to apoloclu.
Wbtn he j1tmpcd OYer the
waU he landed in a bovt
flye fttt of brl.ara. Whn ha
jumped ba.dt on to the
road, ht 1-.nded on Cuda
O'Brien' clipboard whkh
he threw lnto hit own ear.
Mr. Hatton Mi.Id hew..
ntr.mdy torr)' end upatl
for what hopp.ntd. "I
cannot undeutand what
came o-..r m," M "tad.
Defenc eollcltor, Mr.
MlchHl Larlrln, 1aid 1hal
It wu the
aulou
cue on whic h he bad ever
addnuad the J u1tlcc. Hit
cllenl
Entliahbom,
m.-rrlcd and the family
finenc:ial c:i rcunulancu
weren't f.ood at the time.
He dldn t hu !Nunn
when atopped by Cetde
O'Brien and he thoush
ha'd be put off lhc road
immediately he failed 10

w..

produce II. He (eh ht

couldn't face hh wile, who
had arrurd with h im not
to
driYe
without
huuran,
ha dcadcd
to co back and upl&ln hla
prohlcm to th. Carda.
At this ata1e 110mcthlnt
"eracli.cl" and ha drove at
the C.f'da. H< bad sone
o'tt the wall to auun the
Carde
wac orry. Mr.
Larkin uld he could pltad
that hl1 dlent had drink
taken, but thl. wan' I
t:ru.. He h.d -sht JMY
cholot'k al anaument for
hb client whlcb cond udcd
that he wu not'mal. But
h waa aubject lo undue
puoun al the tlmc, beinc
atopptd by the Cude had
to be the 1..1 ctraw.
8\lt Mr. Larkin pointed
out that he had promptly
cone to }lb local Cerda,
Tom MacOonnell In
Kll1arYao .
Carda

'

MaeDonnell had kindly

mada him tea a.nd after
he had 1nada a
full and frank etatam.nt.
Ha had no preYlous rtco.rd,
ainct
incident he had
heen troubled by f'OSrtt
and remone.

Eight months jail for running down Garda !

A Garda this week told Kenmare Court how he was catapulted into the air when struck by a car
driven straight at him at speed while he was on checkpoint duty.!

The Garda also told how he had to crawl through thick undergrowth after escaping over a wall
as the car reversed towards him. The driver of the same car followed all over the wall, looking
for him. The Gardas injuries included two broken hands and extensive cuts and bruising.!

Defendant, Mr. Philip David Hayton (33) an electrician, married, of Bag End, Dramatouk,
Kenmare, pleaded guilty to a assaulting Garda Michael O'Brien of Kenmare by driving a car at
him and occasioning him actual bodily harm at Killowen, Kenmare, on May 17 last.!

Justice Humphrey Kelleher sentenced Philip Hayton to eight months in prison for the assault.
He also find him 100 on a charge of dangerous driving, banning him from driving for three
years and find him an additional 50 on a charge of driving without insurance. The defendant
waived his right to trial before judge and jury, opting for trial in the District Court. He has lodged
an appeal against the sentence. !

Defending solicitor, Mr. Michael Larkin, asked Justice Kelleher to consider suspending the
prison sentence. Mr. Larkin said he had no wish to annoy the justice, his own view of the
incident was just as serious as the Justices view. But he was asking in view of the man's
previous good record and his good conduct immediately following the assault. The Solicitor
asked if he could find it in his heart as Christmas approached to suspend the prison sentence.
"Will the defendant benefit and will society benefit from incarcerating this young man?" Mr.
Larkin said.!

Justice Kelleher replied that he didn't believe that society would benefit and prison may be no
deterrent. But he could not suspend the sentence. !

"if it goes forth from this court in the newspapers, that this man was sentenced to eight months
imprisonment today, it might stop people driving cars at members of the Garda Siochana,"
Justice Kelleher, commented.!

!
The Justice said he had no wish to comment thus as he passed sentence.!
!

"Hard cases make bad law and your client should know that only for you he'd be going away for
12 months. He got himself into a terrible mess and he'll have to pay for it," Justice Kelleher said.!

Supt. Michael Burke, prosecuting, read a statement made by Garda Michael O'Brien. It told how
Garda O'Brien was on mobile duty from 6 p.m. to 2 a.m. on May 16/17 last. At 11.45 p.m., He
drove the patrol car to Killowen and parked on the Kenmare side of the football field under a
streetlight with the Garda sign lit up. !

He wore a scotch white belt and carry the torch. It was a fine, bright night. At 12.30 a.m. he
stopped Philip Hayton and ask him for his tax, insurance and drivers licence. He undertook to
produce his licence and insurance in Kilgarvan Garda station. Garda O'Brien said the man was
alone and there seemed to be no sign of intoxication. !

Later, at 12.50 a.m., Garda O'Brien was approached by a vehicle and he signalled (sic) it to
stop. It slowed down, giving the impression of stopping, but suddenly it increased speed and
drove straight at him. The car struck him and he remembered being catapulted through the air
and he ended up face downwards agains (sic) the golf links wall.!

The car reversed towards him and he's scrambled over the wall, landing in the dense
undergrowth. He crawled through the undergrowth as the driver had followed him. Finally, he
heard the car drive away in the direction of Kilgarvan. He knew that Philip Hayton was the
driver.!

Supt. Burke also read a statement that Philip Hayton had made in Kilgarvan Garda Barracks to
Garda Tom McDonnell just two hours after the incident.!

Phillip Hayton said he had left the Purple Heather in Kenmare at 11.45 that night and he drove
towards Kilgarvan. Garda O'Brien stopped him and asked about his tax, insurance, and licence.
He agreed to produce these in Kilgarvan and drove on. He later stated that his insurance had
expired on March 1, 1984.!

He drove back around to try to explain his position to Garda O'Brien, but as he neared the
Garda, he panicked thinking about the consequences of being without his car. After he struck
the Garda he reversed back and followed him over the wall intending to apologise. When he
jumped over the wall he landed in about five feet of briars. When he jumped back on to the
road, he landed on guard Garda O'Briens clipboard which he threw into his own car.!

Mr. Hayton said he was extremely sorry and upset for what happened. I cannot understand
what came over me," he stated. !

Defense solicitor, Mr. Michael Larkin, said that it was the most serious case on which he had
ever addressed the Justice. His client was English-born, married and the family financial
circumstances weren't good at the time. He didn't have insurance when stopped by Garda
O'Brien and he though (sic) he'd be put off the road immediately he failed to produce it. He felt
he couldn't face his wife, who had argued with him not to drive without insurance, so he decided
to go back and explain his problem to the Garda.!

At this stage something "cracked" and he drove at the Garda. He had gone over the wall to
assure the Garda he was sorry. Mr. Larkin said he could plead that his client had drink taken,
but this wasn't true. He had sought psychological assessment for his client which concluded that
he was normal. But he was subject to undo pressure at the time, being stopped by the Garda
had proved to be the last straw. !

But Mr. Larkin pointed out that he had promptly gone to his local Garda, Tom McDonnell in
Kilgarvan. Garda McDonnell had kindly made him tea and after discussion he had made a full
and frank statement. He had no previous record, since the incident he had been troubled by
regret and remorse.!

1984