Female garda lost top of fingernails during assault which involved Maynooth man

Naas District Court

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Female garda lost top of fingernails during assault which involved Maynooth man

Naas Courthouse

A Maynooth man who was involved in an assault on a garda, who lost the top of three fingernails, has appealed his jail sentence.

Dylan Ivie, 23, with an address listed as 3 The Walk, Moyglare Hall, Maynooth, appeared before Naas District Court on Thursday, May 9 last.

Sgt Brian Jacob gave evidence to the court that on January 14, 2018, at Mayfield Monasterevin, Garda Olivia E Fenlon was on lone patrol at 12.30pm.

Sgt Jacob said she attempted to intercept a vehicle which failed to stop. A chase pursued, and the car crashed a short distance away. The court heard Mr Ivie was the driver.

Sgt Jacob said there were four occupants in the car. Two made an escape, and the other two, which included Mr Ivie, assaulted Garda Fenlon. The court heard Mr Ivie grabbed the victim by her jacket and aggressively shoved her backwards.

Sgt Jacob said Garda Fenlon tried to pull away, and lost the top of three of her fingernails while holding her balance.

“That is serious harm,” said Judge Desmond Zaidan.

Sgt Jacob said the co-accused was the main aggressor, but that Mr Ivie had joined in.

Mr Ivie is charged with dangerous driving, drink driving, and assault. He gave an alcohol reading of 96 micrograms of alcohol per 100 millilitres of urine. The court heard Mr Ivie has two previous convictions.

Aisling Murphy, BL, acting for the defendant, said the co-accused is the more serious person involved in this.

She said that, in the victim impact statement, Garda Fenlon said Mr Ivie was originally co-operative with her.

Ms Murphy said her client left school after third year, and was in State care from the age of 13 through to 18.

She said he was “thrown out” at the age of 18, and began dabbling in drugs.

Ms Murphy said he began smoking cannabis at the age of 13.

She said he has come a complete 360 with his life now, has completed a drug treatment programme in Switzerland, is a qualified personal trainer working full-time and has a seven-month-old child.

She said her client is clean from drugs, and has done some voluntary work with homeless charities.

“He has come full circle from the person he was at the time of this offence,” said Ms Murphy. She said her client is apologetic to the guard.

Mr Ivie’s grandmother gave evidence in court saying her grandson has completely changed, and is a good person.

Ms Murphy asked Judge Zaidan to give her client a chance, as he has a lot to lose if a custodial sentence is handed down.

Judge Zaidan said he spent a lot of time hearing about the defendant, but nothing about the victim, who was assaulted carrying out her duty as a garda.

Judge Zaidan said the victim suffered bruising to both arms and a cut to her right ear as a result of the struggle from Mr Ivie.

Judge Zaidan handed down a one year custodial sentence, six months for assault, three months for dangerous driving and three months for drink driving, with all sentences to run consecutively.

Judge Zaidan also gave the defendant two four-year driving bans, to run concurrently, and backdated them to February 14 last.

Mr Ivie lodged his own bond of €750 cash, and is currently on bail pending an appeal being heard in the case.