Garda in fear of diseases after getting bitten on hand

A Garda – father to a newborn baby – was fearful he might transmit disease to the infant and his partner after he was bitten by a recovering heroin addict, Galway District Court heard last week.

Garda Dermot Bannon became visibly upset in the witness box as he recalled how 29-year-old Noelle Larkin bit his hand as he and two female colleagues were trying to place her in a cell at Galway Garda Station on December 12, 2019.

Larkin, with an address at 8 O’Donoghue Terrace, Woodquay, pleaded guilty to assaulting Garda Bannon, causing him harm.  She also pleaded guilty to assaulting Garda Christina Galvin and to resisting Garda Fidelma Mary McGrath in the course of her duty, during the same violent incident.

Inspector Des Beirne, prosecuting, said Garda Bannon and Garda McGrath responded to a Public Order incident at 1pm on the date in question during which Larkin was arrested. She was brought to the station, where she became extremely violent towards the Gardai while being processed in the cell area.

Larkin lashed out at Garda McGrath, Garda Bannon and Garda Galvin, who came to assist them as they tried to place her in a cell.

Larkin spat at the Gardaí, landing a spit on Garda Bannon. He put his hand out to block further spit landing on him and as he did so, Larkin latched onto his hand and bit into it, breaking the skin.

She continued to kick and lash out at the other two Gardaí as well, spitting at Garda Galvin.

Garda Bannon had to attend A&E and undergo a series of blood tests afterwards.

Judge Mary Fahy said that was the most serious charge before the court and asked to speak to Garda Bannon, who was present in court.

In mitigation, defence solicitor, Valerie Corcoran said her client had experienced two major incidents in her life which led her to abuse drugs from an early age.

The first was a road traffic accident and the second occurred when she was a teenager. Gardaí were aware of that incident which was quite traumatic for her client and which led her to abuse drugs, including heroin, from the age of 15.

She said Larkin was now on a methadone programme while under the care of the HSE and the supervision of the Probation Service. She was also due to attend a residential treatment programme.

In light of these factors, Ms Corcoran said she would be looking for a report from the probation services.

Judge Fahy was told Larkin had eight previous convictions, for assault, criminal damage, thefts and Public Order offences.

The judge said this had been a most serious incident where a member of the Gardaí in the course of his duty was assaulted, deliberately spat at and deliberately bitten with skin broken, resulting in Garda Bannon having to undergo blood testing.

“Two blood tests,” Garda Bannon said, while waiting in the witness box to deliver his victim impact statement to the court.

Hearing he was married, Judge Fahy said this would have put certain stresses on the relationship.

“Yes. We were expecting our first child too around that time and it caused a lot of stress as I wasn’t sure if anything was transferred to me.

“And I had to wait until April – four months later – to have a second test to confirm no blood transmissible infections were passed on to me. So, I had to be careful around my partner and our newborn child,” Garda Bannon told Judge Fahy.

She told Garda Bannon she understood what he must have gone through. She noted the assault on Garda Christina Galvin involved spitting as well, which was disgusting and totally inexcusable.

Judge Fahy said that given Larkin had eight previous convictions already, the court would not be looking for a pre-sanction report from the probation services and would proceed to sentencing.

Ms Corcoran said Larkin was in the throes of her drug addiction at the time and had no recollection of the incident.

That was of no comfort to Garda Bannon, she conceded, but she asked Judge Fahy to give Larkin a chance to rehabilitate by completing the residential course of treatment before sentence took place.

Judge Fahy said Larkin could rehabilitate after serving a sentence.

“This young Garda has been very badly affected. I can see it in his face, recounting what happened. It’s affected him, his family and his future. Hopefully, he will be able to put it behind him,” Judge Fahy said.

Sentencing Larkin to eight months in prison for the assault on Garda Bannon, Judge Fahy said she needed to be taught a lesson.

“She must own up to what she has done, do her time and then come out and rehabilitate herself,” the judge said.

Taking Larkin’s guilty plea and personal difficulties into account, Judge Fahy imposed two, concurrent, four-month sentences for the two remaining charges involving the female Gardaí.

Leave to appeal the sentences was granted on Larkin’s own surety of €400 and one independent surety of €800, with half of each amount to be lodged in court.

Ms Corcoran asked for both sums to be reduced as her client was of limited means.

Judge Fahy refused the application, saying: “No, this is a serious matter and people coming into court on serious matters should be prepared for what happens to them.”