A DISTRICT Court judge yesterday imposed a two-month prison term on former doctor Paschal Carmody (60) after he was convicted of an assault on a summons server at his home in March of last year.
At Killaloe District Court yesterday, Judge Joseph Mangan imposed the prison term on Mr Carmody, of Ballycuggeran, Killaloe, after Insp John Galvin told the court that Mr Carmody had carried out "a vicious assault" on ex-Garda John Sommers on March 8th, 2007.
In evidence, Mr Sommers told the court that he called to Mr Carmody's home to serve High Court papers on behalf of a Dublin firm of solicitors.
Mr Sommers said that he called to Mr Carmody's home at 8.40pm and on opening the door, he said, "You're a guard." In response, Mr Sommers said: "I am not. I am here to serve you documents."
Mr Sommers told the court that Mr Carmody then said, "I have enough of documents" and that he then went to close the door as he tried to serve the papers.
Mr Sommers said Mr Carmody then flashed open the door and charged out at him and landed some blows to his head.
Mr Sommers said: "I was stunned and reeling from the blows. I experienced more blows to my head and reached the bottom of the steps and experienced more blows before I fell to the ground."
He said: "I was traumatised by what had happened and thought the best course of action was to get out of the place quickly."
In evidence, Mr Carmody said that there was loud banging on his front door for an inordinate amount of time, which he told the court was "totally unacceptable".
Believing the person at the door to be one of the traders who called to his house earlier that day, he said: "I was quite upset and frightened. I wasn't interested in the products that they were selling and I went out and opened the door to tell the person to leave. I didn't recognise him. It was dark."
Later under cross examination from Insp John Galvin, Mr Carmody said: "I categorically deny that I assaulted anyone on the night."
In a plea for leniency, Mr Carmody's solicitor Michael Staines said Mr Carmody was a doctor and is currently going through other difficulties now as a result of not being a doctor. Mr Staines said that the abrasions suffered by Mr Sommers to his knee and above his eye were very minor.
Mr Carmody was freed last night on bail pending the outcome of his appeal to the Circuit Court.
