Daniel Diviney, 9 Emmet Avenue, Mervue, Galway, pleaded guilty to assaulting Sgt Mick Clisham, in the hallway outside the courtroom following his appearance before Galway District Court on 14 May last year.

Sgt. Martin O'Shea gave evidence that Diviney was about to be brought to the holding cells when he stopped to consult with his solicitor, Valerie Corcoran. As they were talking, Sgt Clisham saw a man speak to Diviney. This person was known to the courts and Sgt Clisham decided to remove Diviney from the area. He went to take Diviney by the handcuffs to the cells, but Diviney became verbally abusive and then head butted the sergeant in the side of the head. He had to be restrained by a number of gardaí before being put into a cell.

Sgt Clisham went to the A&E Department. An X-ray of his skull showed no injury or fractures. He told Judge Fahy he suffered from headaches for a while after the assault and took a few days off work to recover. Sgt O'Shea said he took a statement from Diviney in which he admitted he had overreacted when Sgt Clisham twisted the handcuffs while pulling him away from his solicitor. He said he asked Sgt Clisham for a few more minutes to speak to his solicitor and admitted becoming verbally abusive when the sergeant continued to pull at the handcuffs. He said he then over reacted and head butted Sgt Clisham.

Sgt O'Shea said that in his statement, Diviney said he had been restrained by a number of Gardai afterwards and a sergeant kept kneeling on his back telling him repeatedly to say he was sorry before he was thrown into a cell.

Ms Corcoran said her client was a heroin addict. She said he had over reacted but he and the other person referred to by Sgt Clisham had never made any contact. She said she was there at the time the incident occurred and a man just spoke to her client as he was going out a door while she and her client were standing across the hallway.

Judge Fahy sentenced Diviney to eight months in prison for the assault and granted leave to appeal the sentence.

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