A Judge has praised a garda for her empathy towards a woman with HIV who bit her during a violent struggle while her attacker was experiencing a psychotic episode.
Mary Kamunya, 38, of The Maples, Lismonaghan, Letterkenny had pleaded guilty to two counts of assaulting Dublin-based Garda Sheenagh Mary Carroll at Donegal Courthouse at Bridge Street, Donegal Town on November 10, 2014. One charge was assault, one was assault causing harm.
Garda Carroll was helping transport Kamunya from the Dóchas Centre in Dublin to Donegal for a court appearance when she was attacked twice by her.
She was bitten on both arms, scratched and hit during the assault.
Garda Carroll outlined to Donegal Circuit Court the violent attack had deeply affected her personal and professional life but that she could empathise with her attacker who was experiencing serious mental health issues at the time.
The court also heard that she had not been made aware that Mary Kamunya was prone to violent outbursts and was infected with HIV before she and two others began the journey transporting the defendant to Donegal.
During the trip the defendant continually was uncooperative and abusive.
Sergeant Tony Cornyn outlined that once they got to Donegal town court house, inside the building the defendant lashed out at garda Carroll and was removed from the building. She was placed in the back of a garda van.
Prosecution barrister, Dara Foynes BL, outlined that once in the van she called out for help and when Garda Carroll went to assist the prisoner she sunk her teeth into her arm.
When she pushed her head back she had a piece of her skin in her mouth and then bit into her other arm with a grip so tight she did not release it even after being pepper sprayed but she eventually let go.
Garda Carroll was brought to Letterkenny University Hospital where she was in a lot of pain and became deeply upset further when she was told of the the defendant’s HIV.
It was claimed she was left alone in the Emergency room for two hours alone and her cuts were not properly cleaned out.
Kamunya had a number of previous convictions for assault, driving offences, public order offences.
Garda Carroll read her own victim impact statement into court and holding back tears said she is not the same person she was before the attack and now suffered Post Traumatic Stress Disorder.
She said the incident tested her personal relationships unnecessarily and also impacted seriously on her profession with the gardaí as she was now nervous of being in enclosed spaces with people but added she empathized with her attacker because of her mental health problems.
Defense barrister, Peter Nolan BL, said his client was delusional and had been admitted into psychiatric hospitals a number of times the year prior to the assault.
At this time she believed she was the President of the United States on her way to the White House and alos claimed she was the “Princess of Ireland”.
She also held a belief that gardaí were attempting to injected her with hormones.
The court heard this mental condition was linked to her HIV diagnosis and she also suffered a range of other medical problems including failing eyesight and she was unable to walk properly
Mr Nolan said she had met and married a German pharmacist in Kenya,whom she later moved to Europe with and they settled in southern Ireland. She worked in the business before her sold the pharmacy and left her in Ireland when he moved to live in Australia.
He said she was now responding well to treatment, was being care for by a friend locally who was with her in court.
He said she apologized for what she has done and asked for leniency for her saying she need to continue her psychiatric care which she was now receiving.
Judge John Aylmer said it was an “extremely serious offence” where the defendant acted “savagely” toward Garda Carroll whom he said was already doing a “very difficult job”.
He said she was clearly traumatised by the incident.
He added that the probation and psychiatric report clearly showed the defendant was under serious mental health issues at the time and she now appears to have “settled down significantly” with the assistance of her friend and continued support from the mental health services.
He said he would have considered a three year jail term for the offences had there not been such mitigating factors. He imposed a two prison term for assault causing harm and four months to run concurrently for common assault saying he would suspend the terms and bind her to the peace for two years and that she continue to work with the mental health services.
He added: “I must say that Garda Carroll be commended for the empathy she displayed to Ms Kamunya in her victim impact statement”.