By Fiona Ferguson & David O’Sullivan
A taxi driver who drove off as a garda who was attempting to apprehend a passenger held onto the car has been given a fully suspended sentence.
Neville Griffin (49) “panicked” but stopped the car within seconds after the garda fell to the road.
Lawyers for Griffin said the offence was reckless, momentary and no serious harm was caused.
Griffin of Kippure Park, Finglas, pleaded guilty at Dublin Circuit Criminal Court to endangerment at River Road, Dublin 7 on January 3, 2021. He has five previous convictions.
Imposing sentence on Monday, Judge Martin Nolan said it was very hard to know why Griffin did what he did, but he acknowledged that it was a “spur of the moment” decision.
He described the incident as a “total misjudgement” and said he thinks Griffin deserves a chance.
Judge Nolan sentenced Griffin to two years’ imprisonment, but suspended the sentence in its entirety on strict conditions.
Griffin brought €1,500 with him to court as a token of remorse. One of the conditions of the suspended sentence was that a further €3,500 be offered to the injured party within 12 months.
Judge Nolan said what Griffin did was “extremely dangerous” but that he had been saved from going into custody by his “relatively good history”.
Detective Garda Selina Proudfoot told Derek Cooney BL, prosecuting, that on the day, gardai were involved in the pursuit of a motor vehicle unconnected to Griffin around Finglas. The car stopped at Scribblestown Road and the three occupants took off running.
Gda Proudfoot said the injured garda was pursuing one of the males who scaled a wall onto River Road. The garda followed and he saw the man get into a passing taxi. He caught up with the taxi which had the window open, stating that he was a garda.
The garda grabbed a hold of the passenger with one hand and the taxi door with his other hand. The taxi took off and the garda let go of the man but continued to hold onto the car.
The garda believed the driver would stop but when they did not, he let go and fell onto the road. He heard another car coming behind and rolled onto the grass verge believing he would be run over, but it was garda colleagues in the car coming behind him.
Griffin stopped a short distance away. He told a garda who caught up with him that he did not know the young male, had panicked on seeing the garda as he did not want to get involved and just wanted to get away.
The garda received medical treatment and was sent home with anti-inflammatory drugs. He was out of work for seven weeks, felt pain in his legs and was limping.
The court heard the garda was at the time playing Gaelic for his county and had been due to resume training but could not do that.
Gda Proudfoot agreed with Cathal McGreal BL, defending, that the distance between picking up the male and dropping him off was short and took less than 28 seconds.
She agreed Griffin has been in no trouble since and expressed apologies and remorse on several occasions. In interview, Griffin told gardai that he had told the young man to get out when he realised what was happening. He said he had panicked and did not want to get involved.
Mr McGreal said his client was a family man who was a “rock” to those around him. He said in the intervening time since his prior offences in 2011, he had lived a good life and kept out of trouble. He handed in testimonials speaking to Griffin’s good character.
He said Griffin had caused a minor injury to the gardai by a stupid and reckless act that took a moment. He said the harm caused was not serious but the consequences were different to the harm.
He said the consequences for the victim had been unintended and his client should not be punished for unintended results.
Judge Nolan said if a gardai was holding onto the door and you did not stop, it was foreseeable that if you accelerated away, injuries may ensue. “No one knows if they will be serious or minor,” he said.
Mr McGreal said the injuries had not been serious and the offence was momentary.
A victim impact statement was handed into Judge Nolan but not read in open court.