Car passenger who resisted arrest in Letterkenny fined €250

April 20, 2024

A man who resisted arrest in Letterkenny after objecting with gardai who were arresting his friend has been fined.

Prince Nlemoah was a rear seat passenger of a car on the evening of November 7, 2021. When the driver of the car was being arrested, Nlemoah attempted to intervene.

Nlemoah, a 25-year-old of Pinepoint Glebe, Letterkenny was brought before Letterkenny District Court charged with two offences contrary to the Criminal Justice (Public Order) Act, 1994.

Inspector Tony Byrne told the court that Gardaí were in the process of arresting another male under the Road Traffic Act at 9.35pm on November 7, 2021.

Nlemoah was a rear seat passenger and became “somewhat aggressive”, Inspector Byrne told the court.

When Garda Shonagh Rowley placed her hand on Nlemoah’s shoulder, the accused pushed the Garda off and resisted arrest.

Eventually, Nlemoah was arrested and conveyed to Letterkenny Garda Station.

Mr Rory O’Brien, solicitor for Nlemoah, said his client’s actions were “unwarranted and unjustified”.

“In the thick of the moment, he reacted,” Mr O’Brien said. “He felt that unfair force was being applied to another being arrested and felt that he was justified at the time.

“Clearly, it was not warranted. There were other ways to deal with it without rage. There was heightened tension and friction in the air.

“On reflection, he realises that this was not acceptable.”

Judge Éiteáin Cunningham said she deemed the incident to be “serious”.

Judge Cunningham said: “It is a serious matter in the context, first in how he engaged with a member of An Garda Siochana in the way he did, but also in resisting arrest and forcing the member to take certain actions.”

Nlemoah was convicted of resisting or wilfully obstructing a peace officer acting in the execution of her duty and fined €250. He was given six months to pay.

Another charge of a breach of the peace was thrown out.