Three Ballymun men, including a father and son, have been given two-year prison sentences by Judge Desmond Hogan at Dublin Circuit Criminal Court for attacking a garda on duty.
Frank Harris (48), his son Gavin (19) and Stephen May (18), all of Knowth Court, Poppintree, pleaded guilty to assault causing harm to Garda Michael Harkin on October 25th, 2003.
Judge Hogan suspended the final year of the custodial sentences on Gavin Harris and May and directed that Frank Harris carry out 240 hours community service in lieu of prison.
Judge Hogan said the vicious assault on Garda Harkin merited custodial sentences but he took into consideration that none of the men had previous convictions and that Frank Harris's health wasn't very good. He agreed with Pieter le Ver, for Frank Harris, that the Probation and Welfare Service should be told of his health problems so that he could be assigned light work.
Judge Hogan refused an application by Conor Bowman BL, for May, for leave to appeal the two-year sentence. He said May wasn't involved in the matter until he was told "something about a copper" and he arrived at the scene "totally uninvited" with a bottle in his hand and hurled this "weapon of assault" at the garda, injuring him.
Sgt Frank Gormley told Stephen McCann BL, prosecuting, that Gavin Harris began shouting for help while resisting and striking Garda Harkin who was attempting to arrest him for being drunk and disorderly.
Sgt Gormley said Garda Harkin received injuries to his face and body in the affray in which he was also struck by the bottle thrown by May.
Judge Hogan said the court had to take a serious view of attacks on gardaí acting lawfully in the course of their duty.