Judge praises garda’s bravery in attempting to stop car

Padraig Conlon 11 Dec 2020

A judge has praised the bravery of a garda who was dragged by a car which then drove over his legs as he attempted to stop it.

Clive Sweeney (37) was recklessly attempting to make a getaway from Dundrum Town Centre when his car dragged Garda Fergus Holly for ten metres down a ramp before running over his legs.

Sweeney, who has 85 previous convictions, was on bail and disqualified from driving at the time.

Sweeney, of Drumcairn Avenue, Tallaght, Dublin pleaded guilty at Dublin Circuit Criminal Court to endangerment and failing to stop at Dundrum Town Centre on January 05, 2020.

Gda Holly sustained bruising to his legs and a permanent disfigurement to one of his fingers which he is now unable to straighten.

Judge Pauline Codd said it was an aggravating factor that Sweeney knew it was clearly a garda directing him to stop and that the offence occurred against a member of the force acting in the course of his duties.

She commended Gda Holly for his “bravery and courage”.

Judge Codd said she accepted that Sweeney drove in a way that was “highly reckless” trying to get away rather than driving at the garda.

She took into account Sweeney’s guilty plea, his remorse and early admissions, as well as his family and personal circumstances.

She noted his life had been “plagued by drug addiction”.

Judge Codd imposed a four year sentence and suspended the final year on condition he place himself under probation supervision for one year.

She imposed a 10 year driving ban.

Sergeant Seamus Ryan told Siobhán Ní Chúlacháin BL, prosecuting, that a blue Fiat Bravo was identified as being involved in a theft from Snow and Rock at Dundrum Town Centre on January 3, 2020.

On January 5 staff at Snow and Rock alerted security that the same people were in the store again.

The security supervisor made his way towards the store and met with Gda Holly who had stopped two people. As he stopped the two men, the blue Fiat Bravo noted previously pulled up on a ramp alongside the railing where the men were standing.

The car, driven by Sweeney, revved up and Gda Holly instructed him to turn off the engine.

As the car turned to drive off down a ramp Gda Holly was caught at the side of the car, fell and was dragged along the ground for about ten metres before he extricated himself and the car went over his legs.

The car left the scene and drove off towards the M50.

Gda Holly said he had no doubt the driver knew he was a garda and he had instructed him a number of times to turn off the engine.

On January 21, 2020 Sweeney was arrested and interviewed.

He admitted driving the car and said he had agreed to collect people but did not know what they were planning. He said when security tried to stop him he panicked. He said he was sorry  for what he had done to the garda.

Sgt Ryan agreed with Sarah Jane O’Callaghan BL, defending, that the guilty plea was of assistance as the windows of the car were tinted and the garda was unable to see through them.

Ms O’Callaghan submitted when her client made the decision to drive off he could not have predicted that Garda Holly would “so bravely” try to stop the moving car.

She said Sweeney acknowledged that in driving so fast and not paying attention to his surroundings he behaved with an extreme degree of recklessness, but he did not intend to injure Gda Holly or drive over him. She said his main aim was to get away and get away quickly.

She said the period he has spent in prison has been an “eye opener” for him and he now knows what he wants and that he has to change.

She handed in letters from Sweeney, his partner and father

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