‘scandalous’ | 

Man who attacked gardaí after punching partner in face fined €250 and spared jail

Twenty-five-year-old Fabiano Moraes Freitas pleaded guilty at a sitting of Longford District Court

Yesterday at 16:30

A meat factory worker “out of his head” on whiskey attacked two gardaí, trapping one officer in a headlock moments after punching his partner in the face in front of an 18-month-old child, a court has heard.

Twenty-five-year-old Fabiano Moraes Freitas, Tully House, Eyrecourt, Galway, pleaded guilty at a sitting of Longford District Court to assaulting Garda Thomas Killian as well as obstructing his colleague Garda Emma Kiernan following a violent public order incident at Thomond Lodge, Ballymahon, Co Longford on November 6, 2022.

Sgt Enda Daly, in outlining the case before presiding Judge Bernadette Owens, said gardaí came across the accused standing outside a property with another man after being alerted to an incident shortly after 6pm.

The court heard Mr Moraes Freitas had, moments beforehand, punched his partner in the face after she became concerned about the level of alcohol he had consumed.

Sgt Daly said the incident took place while a one and a half year old child was present, causing gardaí to inform Mr Moraes Freitas that he was no longer welcome at the property.

When Mr Moraes Freitas refused to leave the area, Sgt Daly said Garda Kiernan informed him he was under arrest, something which caused the accused to become “extremely aggressive.”

During the ensuing struggle that followed, Sgt Daly said Mr Moraes Freitas struck Garda Kiernan into her right eye before wrapping his two legs around Garda Killian’s neck as the pair become involved in a struggle on the ground.

Garda Kiernan, the court heard managed to “free Garda Killian’s head from the defendant’s leg grip” before the accused subsequently calmed down and was transferred to Longford garda station.

Prior to sentencing, Judge Owens was told Mr Moraes Freitas had one previous road traffic conviction to his name and had not come to garda attention since the incident.

John Quinn, defending, handed in €600 in compensation and a letter of apology on behalf of his client.

He said despite Mr Moraes Freitas’ “scandalous behaviour,” it was very much an isolated incident and one he was keen to put behind him.

“This man has learnt that he and whiskey do not agree,” he said.

“He was totally out of his head by virtue of what he drank. He didn’t mean any ill-will to these people although by his conduct he showed it, but that conduct was totally foreign to him.”

Mr Quinn said Mr Moraes Freitas’ partner was very much in support of him, adding that the accused remained “is extremely apologetic” over his conduct on the evening in question.

“He has got the support of his partner who was partially a victim by his conduct on the night and to confirm it is totally out of character for him and it shouldn’t have happened,” he said.

“She’s at pains to come with him and be with him today and she would hopefully put this down to an isolated incident and that it would never re-occur.”

Judge Owens, in delivering her verdict, said the accused deserved credit for both his guilty pleas and the compensation which had been handed in.

She fined Mr Moraes Freitas €250 for the assault on Garda Killian which she described as “particularly serious” and struck out a section 4 public intoxication charge.

Mr Moraes Freitas was given Section 1 (1) of the Probation Act for obstructing Garda Kiernan, with a similar direction apportioned to an accompanying threatening and abusive behaviour charge.