Garda left in constant chronic pain after assault by man with over 200 previous convictions

A man with more than 200 previous convictions broke a Garda’s ribs and left him with chronic daily pain following a “savage” assault.

Sean Fahy, aged 55, originally from Tuam, Co Galway, but now living in sheltered accommodation in Sligo, admitted the assault when he appeared before Castlebar Circuit Criminal Court.

The court heard that Sgt Brian Murphy was off duty and in Westport on September 23, 2022. At around 3.30pm, he was walking towards SuperValu when a number of school children who were sitting at the Octagon told him that a man was handing out wine to young kids.

Sgt Murphy approached Fahy and produced his official identification and Fahy left the area, leaving five bottles of wine behind him. Sgt Murphy reported the matter and returned the wine which had been stolen from SuperValu.

Five to 10 minutes later, the accused returned to the supermarket with an empty bag and was observed taking wine from the shop. Sgt Murphy again approached Fahy outside the shop and arrested him on suspicion of theft. Fahy began to struggle and pushed Sgt Murphy. He fought the sergeant off with physical blows and they both fell on the road. Two staff members from a local café assisted and held Fahy down.

Fahy received a two-month prison sentence on the theft matters at Ballina District Court in May 2023.

Sgt Murphy sustained broken ribs and a serious injury to his left shoulder. He required surgery and has been left with daily muscle spasms. The sergeant's left arm movement is severely restricted as a result.

The sergeant was due to retire six months after the incident but was forced to retire early due to his injuries.

In a victim impact statement, Sgt Murphy said there "has not been one day since this assault that I have not been in chronic pain". He said getting dressed and feeding himself is a struggle.

“I can’t lift anything heavier than a loaf of bread with my left arm.

“I had plans for my retirement but you (Fahy) have ruined them,” he added.

The sergeant said he struggles to forgive the accused, who is an alcoholic.

“Due to your selfishness to steal alcohol and cause all this pain to me, I can’t show you compassion. Your disease has ruined my life. You care for no one only yourself and your alcohol,” stated Sgt Murphy.

Fahy has 219 previous convictions for a range of offences including hoax calls claiming bombs had been planted.

Defending barrister Brendan McDonagh said his client apologises sincerely for his actions. Fahy had never been in trouble before the age of 38 when his offending began. Most of his convictions are linked to serious alcohol abuse.

“Alcohol is not only the root of his offending but the sole cause of the vast majority of his offending,” said the barrister.

Mr McDonagh said his client had been brought to Westport the day of the incident ahead of attending Hope House treatment centre in Foxford. There was a tussle and Fahy landed on Sgt Murphy, causing the injuries.

Mr McDonagh said the accused, who previously worked as a carpenter, is bi-polar and had a difficult background. Fahy says he has been sober for seven months but there was no urinalysis in court to prove this.

“If he has managed to get sober that’s an extraordinary feat on his part but has he?” questioned Judge Eoin Garavan.

The judge commended Sgt Murphy for his courage and said he was the victim of a “pretty vicious altercation".

Judge Garavan said he was a great believer in giving people an opportunity but felt that Fahy had “burned all his bridges” due to his hundreds of previous convictions.

“220 convictions later that excuse (alcoholism) loses its freshness,” said the judge, who imposed a four-year jail term with the final year suspended. 

However, following a plea from Mr McDonagh, Judge Garavan agreed to put a stay on the sentence pending urinalysis.

“I may revisit the sentence. I may not,” said the judge, warning that there would still be a custodial sentence.

The case was adjourned until November 1 next for finalisation.