Probation report sought on double assault accused

Monday, 14 February 2011 12:02

A man who assaulted a student outside a Westport takeaway later assaulted a female garda as she attempted to assist a colleague to restrain him in the rear of a patrol car. At Castlebar Circuit Criminal Court, Alan Kay from Carrowbaun, Westport, pleaded guilty to assault causing harm to Cathal Molloy and to assaulting Garda Siobhan Clancy on the night of September 10/11, 2008, in Westport.

After responding to a report of an assault outside Blue Thunder, Garda Clancy met Mr. Molloy who was bleeding from a cut over his right eye. Blood was also coming from his nose.
CCTV footage showed Alan Kay had hit him into the face and chest eight or nine times in an unprovoked attack and then took off running.
The accused, Garda Clancy told Judge Tony Hunt, was located at the leisure centre car park on James Street. When approached he said it wasn't his entire fault.
Deciding to arrest him, when the garda took out handcuffs Kay started to struggle and push the cuffs away. He told Garda Jim Corrigan he would walk to the patrol car and go peacefully.
He claimed said Garda Clancy had something in for him and started calling her a bitch and a whore.

As she started to drive, Kay, who was in the rear of the car with Garda Corrigan, asked if he threw himself out would they get into trouble. He then lunged towards the door.
Garda Clancy stopped and ran to the rear door. Her colleague was trying to restrain Kay and he took her cuffs out.
As she leaned into the car, Kay swivelled, leaned back against Garda Corrigan and kicked Garda Clancy seven or eight times into the chest and rib area. She eventually got the cuffs on him. From there back to the station he continued to be insulting.

Witness said she received a split lip and had pain in her shoulders, back and rib cage. She was sent for a scan on her kidneys as he damaged them. She also has a permanent crack in her neck.
She still has pain in her ribs, lower back and shoulders and requires physio from time to time.
Kay, 20, has a number of previous convictions.
His defence counsel, Mr. Eoin Garavan, B.L., explained he had drunk a bottle of vodka that night. Mr. Molloy, in his statement, said Kay seemed very crazy. The two didn't know each other.
The accused was apologetic and his counsel applied for a probation report on him.
Judge Hunt adjourned the case until June 30 for the preparation of a report.