“Eccentric individual” avoids jail for assaulting Gardaí

By Fiona Ferguson

An “eccentric individual” who assaulted two gardai attempting to restrain him has avoided a jail term. 

Joseph Davis (53) of Ashington Mews, Dublin Road, Cabra was convicted following a trial earlier this year of assaulting two gardai, causing one of them harm, and three public order offences at Annaville Avenue, Blackrock on July 16, 2022. He had pleaded not guilty and represented himself at trial.

Dublin Circuit Criminal Court heard that Davis suffers from mental health difficulties.

Passing sentence on Friday, Judge Martin Nolan remarked Davis was a “pretty eccentric individual” who was undoubtedly difficult for the gardai to deal with.

He praised the gardai for their restraint but said they were able to handle themselves and he did not think society would be advantaged by imprisoning Davis.

Judge Nolan imposed a one-year sentence, which he suspended in full, warning Davis to behave himself.

Garda Joe Lonergan told Eimear Delargy BL, prosecuting, that gardai responding to a public order complaint encountered two men taking down scaffolding and throwing it onto the footpath and road. They asked the men to pick it up and one man complied with gardai.

The second man, Davis, ran over to the gardai shouting and shirtless, adopting an aggressive stance.

He verbally abused the gardai and refused to give his details, telling them his name was “John f***ing Doe.” He was arrested and cautioned but resisted gardai as they attempted to place him in handcuffs.

As he was placed into a patrol car he lashed out and raised his feet in the air. The gardai were afraid he would kick the windows so tried to remove him from the car. He kicked out hitting gardai in the chest and face. 

Gardai managed to remove him from the car and placed him on the ground. He was arrested and charged. The case came before the district court initially but jurisdiction was refused.

Two victim impact reports were handed into the judge but not read in open court.

Defence counsel, Niamh Gaughan BL, handed in documentation including character references from Davis’ friends and family. She outlined he suffered from PTSD as well as other conditions, as a result of an assault he suffered in 1999 in London.