This article is from page 22 of the 2013-02-26 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 22 JPG
A MAN has received a six-month jail sentence for assaulting a prison officer in Ennis Courthouse last year.
James Francis McDonagh (38) pleaded guilty last week to assaulting Limerick prison officer Raymond Kelly on May 1 (2012).
The incident occurred at the end of a day on which Mr McDonagh was on trial for assaulting his brother with a hatchet.
Mr Kelly told Ennis District Court on Wednesday that the accused suddenly turned on him after he asked him to return to the cells.
He said, “He (McDonagh) said he would shove his fist through my face or head.”
Mr Kelly said there was no physical contact but it was a “very aggressive” situation. Under cross-examination from defence solicitor, Charles Foley, Mr Kelly said Mr McDonagh did not strike him. He added, “I was in a position where I was in fear I would be struck.”
Mr McDonagh, who is also known as Michael James McDonagh, has 99 previous convictions, including 11 for assault and four for assault causing harm. He has a former address of Ballymurtagh Halting Site, Shannon. Last May he was sentenced to a total of four years in prison for assaulting his brother with a hatchet and possession of an offensive weapon at Ballymurtagh Halting Site on August 31 2011.
Mr Foley told the court that his client had suffered from a very serious drug addiction. He said Mr McDonagh is currently undergoing a rehabilitation course in Limerick prison. He described the accused as “a very clever man” who has been drug free for a considerable length of time.
Mr Foley added, “He’s actually trying to bring himself around.”
Mr McDonagh apologised in court for his behaviour on the day, saying he had experienced flashbacks of the assault against his brother.
He told the court he apologised to Mr Kelly 15 minutes after the incident occurred.
He added, “I’m 20 years in and out of prison and I’ve never tried to rehabilitate myself ‘till this time.”
Judge Aingeal Ní Chonduin said Mr McDonagh is a man with a “serious track record.” She said the accused is a “fine strong man” and if he had struck the Mr Kelly, he would have felt it.
She imposed a six-month prison sentence to be served consecutive to the sentence Mr McDonagh is currently serving. Recognances were fixed in the event of an appeal.