A man who assaulted two Gardai during an after-hours raid on a Donegal pub has been ordered to do 160 hours of community service.
Darren McGahern, who had to be pepper-sprayed following the drink-fuelled incident at the Banjo Tavern in Castlefin, was sentenced when he appeared at Letterkenny District Court this week.
McGahern was sentenced to 80 hours of community service in lieu of two months in prison for assaulting Sergeant Joe Dorrian on November 21, 2021.
McGahern was given a similar punishment for assaulting Garda Sinead McLaughlin in the same. incident.
Sergeant Maurice Doyle told the court that the now-retired Sergeant Dorrian and Garda McLaughlin did not wish to provide victim impact statements.
Judge Éiteáin Cunningham said she was minded to consider community service in the matter.
The 45-year-old, with an address at Hazelwood, Strabane, was charged in connection with the incident, which occurred in the early hours of the morning.
At a previous sitting of the court, Sergeant Michael McHugh of Lifford Garda Station gave evidence of the incident.
Garda McLaughlin and Sergeant Dorrian arrived at the licensed premises at 12.40am.
The court heard that McGahern, who was a customer in the bar, ‘took exception’ when the officers began taking details of those on the premises.
McGahern was initially aggressive towards Garda McLaughlin, putting his arms around her neck.
The now-retired Sergeant Dorrian intervened to assist Garda McLaughlin. As McGahern resisted arrest, he struck Sergeant Dorrian between the legs with his fist. McGahern was said to have attempted to strike Sergeant Dorrian a second time.
Sergeant McHugh said Gardai had to subdue McGahern with pepper spray before bringing him under control.
“Members struggled with him on the ground to place him under arrest,” Sergeant McHugh said.
When questioned about the incident again in March 2022, McGahern was described as being ‘apologetic’ and ‘embarrassed by his actions’.
McGahern, who has no previous convictions, tendered an apology to the Gardai.
“He does appreciate that it’s very serious,” McGahern’s solicitor, Mr Patsy Gallagher, said. “It shouldn’t have happened, but it did happen. Alcohol was taken on the night.
“He subsequently came across to meet Gardai and do all the relevant processes and he was very forthright and contrite.”
Judge Cunningham convicted McGahern on the charges and, in the case of each of the two assaults, directed him to complete 80 hours of community service in lieu of two months imprisonment.
Legal aid was granted to Mr Gallagher.