Rugby player who 'spear tackled' Garda outside nightclub given suspended sentence

A Garda who was picked up, flipped over and dropped with force onto his shoulder outside a Westport nightclub has told a court that he did not wish to see his attacker go to prison.

Garda Paul Deeley of Westport Garda Station told last week’s sitting of Castlebar Circuit Court that he still suffers pain in his shoulder after being picked up and driven into the ground while trying to break up a fight outside the Castle Nightclub in Westport on March 20, 2022.

Cillian McAleenan (23) of Dooroy, Clonbur, Co Galway, plead guilty to assault causing harm to Garda Paul Deeley.

Screamed in pain

A previous sitting of the court heard that Garda Deeley and his colleagues Sergeant Derek Conroy and Garda Shane Nallen were trying to break up a fight among a large group in what was described as a ‘free for all’.

Sgt Conroy described how the defendant, who plays rugby, picked Garda Deeley up, flipped him and drove him into the ground. He said the manoeuvre was similar to a spear tackle in rugby.

Garda Deeley, the court heard, screamed in pain after hitting the concrete, and it was clear to the colleagues who went to his aid that he had seriously injured his shoulder.

Mr McAleenan’s aggressive behaviour continued before he was eventually restrained, arrested and brought to Westport Garda Station.

Judge Eoin Garavan was informed that Mr McAleenan has little memory of the events and that he may have been under the influence of cocaine as well as alcohol on the night.

‘Tremendous regret’

Mr McAleenan, the court heard, had engaged with an addiction counsellor for both alcohol and cocaine, and at the sentencing hearing, addiction counsellor Joseph Treacy gave evidence about his treatment.

Mr Treacy said that Mr McAleenan had been accompanied by both his parents when he first saw him on March 30, 2022, when he was told he would have to adhere to strict screening for alcohol and drugs. He said that to date he has completed 27 random screenings and all have been negative for alcohol and drugs.

He said McAleenan has also addressed his attitude and behaviour around alcohol, and has now accepted that alcohol and drugs do not suit him and that he cannot use alcohol safely again.

Mr Treacy told Patrick Murphy, counsel for Mr McAleenan, that his client has gained more insight into his behaviour since beginning the treatment process.

“He has tremendous regret and remorse for what happened on that occasion. He is deeply ashamed of his behaviour on that night. He seems to have learned from this extremely dangerous situation,” Mr Treacy said, adding that the defendant’s actions have also had a deep impact on his family.

When asked by Patrick Reynolds, counsel for the prosecution, whether Mr McAleenan understood the seriousness of what he did to Garda Deeley, Mr Treacy said he ‘grasped the enormity of the destructive element’ of his actions.

Surgery

Garda Deeley told the court that he was off work for 15 months as a result of the assault and had to undergo surgery on his shoulder. Despite the surgery, his shoulder has not fully recovered, that he still has pain that is not easing and his shoulder remains stiff. He said that without constantly doing exercises his shoulder stiffens up badly and gets worse.

When asked by Judge Garavan about his views on Mr McAleenan’s remorse, Garda Deeley said that from a professional point of view there should be zero tolerance to assaults on members of the emergency services, but that he does not want to see this young man go to prison.

Mr Murphy said his client had committed a terrible offence but has taken steps to deal with his alcohol and drug issues and is attending psychotherapy. He said his client can see the effect that his actions have had on Garda Deeley and he again wished to apologise to him.

Mr Murphy said it was clear that his client, who is now employed as a truck driver, was highly intoxicated on the night. He added that after the incident he had to tell his parents about his cocaine use.

Mr McAleenan, he said, comes from a supportive family and the prospect of receiving a custodial sentence terrifies him and his remorse is genuine. Judge Garavan was told Mr McAleenan had €7,000 in court for Garda Deely as an expression of his remorse.

‘Young thug’

In sentencing McAleenan, Judge Garavan said that Garda Deeley had been simply doing his job when he was rugby tackled by a ‘young thug’ and left with lifelong injuries.

He said that fuelled up on alcohol and drugs, the defendant turned into an ‘utterly vicious’ and ‘utterly violent’ person, a vicious criminal on the streets of Westport.

Judge Garavan said that Mr McAleenan is very lucky to have parents who support and Mr Treacy to guide him. He noted that Garda Deeley was also being supportive by saying he did not want to see him go to prison.

He accepted that Mr McAleenan is genuinely upset about his actions, and that he had come forward on a signed plea. He also noted that McAleenan is considered to be a low risk of reoffending by the Probation Service and that he is employed.

Judge Garavan wished Garda Deeley luck in his continued recovery and agreed with him that it would not benefit society to jail a young man who had previously had a good record and who had learned a lesson.

He imposed a sentence of one year and six months’ imprisonment but suspended the sentence in its entirety for two years. He also ordered that Mr McAleenan remain under the supervision of the Probation Service for a further six months.