An experienced Garda has told how he felt like a “sitting duck” after being trapped and set upon in his patrol car during a terrifying attack in Co Donegal.
Garda Fiachra O’Hara was set upon by burly John Martin Ward after he went to answer reports of a public order incident alone.
When he arrived at the scene of the call at Supervalu Car Park in Bundoran on the evening of July 21st, 2021 he found a large crowd beside a caravan.
He suddenly heard someone shout “get the keys” and he was approached by Ward, 40.
Ward appeared at Donegal Circuit Court this week after he pleaded to assault causing harm to Garda O’Hara during the terrifying incident.
The court heard how Ward, who has 137 previous convictions, tried to pull the keys from the Garda patrol car but brave Garda O’Hara struggled with him.
The Garda was hemmed in and drunken Ward grabbed his thumb and twisted it and straining it badly.
So badly injured was his hand that Garda O’Hara could not use enough force to unleash his pepper spray.
Ward managed to flee the scene after he was driven away by his mother.
He was arrested after he presented himself to Ballyshannon Garda Station a few days later on July 27th.
Ward, with an address at Country Meadows, Tuam in Co Galway, said he had no recollection of the attack on Garda O’Hara.
Barrister for the State, Mr Donal Keane, BL, said that during Garda interview, Ward said that if he did assault the Garda that he was really sorry. However, he added “But I’m not accepting it, I’ll have to find out more.”
A victim impact statement on behalf of Garda O’Hara said that in almost 30 years as a member of An Garda Siochana this was the most frightening experience he had endured.
“In those 30 years I have been at numerous, problematic and hostile situations but none like the one on July 24th, 2021. I was a complete sitting duck when John Martin Ward lunged into the patrol car and I was then his prisoner,” he said.
He said that although the confrontation only lasted about 30 seconds it felt like an age and told how his attacker grabbed and squashed his thumb as he tried to keep him away from the keys of the Garda patrol car.
Garda O’Hara said he finally managed to get out of the patrol car and tried to take down Ward with his pepper spray but his thumb was so damaged and weak that it just would not function.
“This was a confrontation I didn’t stand a chance in,” his statement added.
Taking to the stand, Ward said he wanted to apologise again to Garda O’Hara revealing how he had already called into Ballyshannon Garda Station and apologised to him in person.
He told how he had battled the scourge of alcohol all his life after his father walked out on his mother and siblings when he was just 13 years old.
He said that drink has been at the root of all his problems saying he has never been arrested when he was sober.
The married father-of-two said he has now applied to sign up and take a 16 month residential programme at the Tiglin Men’s Rehabilitation Centre in County Wicklow and was hopeful of getting help there.
Ward said he’d like to become sober, to be there for his children and grandchild and “just to be a normal person.”
His barrister, Mr Colm Smith, SC, referred to evidence given earlier in the case by local Garda Sergeant Stewart Doyle who said he only ever encountered Ward when he was drunk.
Mr Smith said that all of Ward’s problems seem deep-rooted in a helpless addicted situation but now that he has been in prison for some time he has mended his ways.
He suggested to Judge John Aylmer that there must be some light at the end of the tunnel for Ward and hopefully he can begin his rehabilitation properly when he gets out of prison.
Judge Aylmer said this was a very traumatising event for Garda O’Hara and that while fortunately the physical injuries were not too severe he was extremely terrorised and how that was not difficult to imagine.
“He was alone and the accused disabled him and climbed in on top of him. Gardai are performing a very dangerous job and they need the protection of the law to deter this type of offence,” he said.
He said that while he was limited to a maximum sentence of five years for this offence, he placed it in the mid range of such offending and one which merited a prison sentence of three years before mitigation.
In mitigation, he said Ward had been remorseful and while it was not an excuse but rather an explanation he noted the accused was drunk as he was for many of his other offences.
He deserved credit for sparing the court a trial and that coupled with his efforts in rehabilitation, he reduced the initial suggested sentence from three years to one of two years.
And although he suggested it is beginning to appear to be a waste of time, he said he was suspending the final nine months of that sentence meaning Ward will serve 15 months in jail.
However, one of the conditions for the suspension of the final nine months is that he abstain from alcohol for 18 months after his release.
Judge Aylmer added that he knows this will be difficult for Ward but warns that he will serve the balance of the sentence if he does not abstain.
He also ordered him to engage with the probation services and undertake whatever addiction counselling support is made available to him.