Suspended jail term for man who spat into face of garda
The defendant pleaded guilty to the offences.
A man who spat in a Garda’s face also stole a tractor belonging to his cousin after claiming that he owned the premises where it was located, a court has heard.
John Healy, aged 29, of Garracloon, Cloghans, Ballina, appeared before Ballina District Court where he pleaded guilty to charges of burglary, trespass, assault, and no insurance.
On January 16 last, Gardaí were attempting to arrest Healy at Dunnes Stores in Ballina when he violently resisted and a scuffle ensued. Officers deployed pepper spray and their batons. While Healy was being handcuffed, he spat into the face of one of the Gardaí, which constitutes an assault.
Healy was also charged with burglary and trespass offences at a property in Cloghans, Ballina. The injured party, Brid Gillespie, and Healy are cousins and Healy had a misconceived belief that he was the rightful owner of the property.
On August 20, 2025, Healy went to the injured party’s farmyard. He entered a locked shed and took a Red Massey Ferguson. Healy’s father later discovered the tractor on his property and the vehicle was returned a number of days later. Gardaí discovered that Healy had unsuccessfully tried to insure himself on the tractor.
On October 17, 2025, Healy was observed on CCTV entering the property in Cloghans without permission. The injured party had installed CCTV following the theft of the tractor.
Ms Gillespie and her husband live in Shraigh, Bunnahowen, Belmullet but have had to spend more time at the Cloghans property in the wake of these incidents.
A victim impact statement was handed into the court in which the injured party expressed the fear she felt following the offending.
Healy also admitted to two separate offences of driving without insurance. The 29-year old, who lives with his parents, has no previous convictions.
Solicitor Peter Loftus, representing Healy, said his client mistakenly believed he was entitled to ownership of the property. Mr Loftus said the property was unoccupied at the time of the trespassing offence and there were no aggravating factors. Mr Loftus proffered that while the spitting incident was "unacceptable" it may have been the case that the pepper-spray caused Healy to spit.
The court heard Healy has been in custody for a considerable period on these matters.
Judge Vincent Deane said spitting at the Garda was "outrageous".
“It’s not just unacceptable, it’s outrageous,” said Judge Deane.
He said Ms Gillespie and her husband were entitled to “quiet ownership of their property without interference and distress".
Judge Deane imposed a 12-month suspended prison sentence, noting that Healy had already spent an appropriate amount of time in custody.
However, he stressed that Healy has “a very large sword of Damocles hanging over his head". The judge also imposed a four-year driving disqualification on the no insurance charges and fines totalling €400.
- Published as part of the Courts Reporting Scheme.
