Prisoner kicked a guard after name mix-up sparked cell row
A PRISONER kicked an officer as he was being put in a courthouse cell after a dispute started when the accused mistakenly thought he heard his own name being shouted.
Dylan Brady (34) thought someone was calling out to him but the person was actually looking for the prison guard, who had a similar-sounding name.
Judge Treasa Kelly gave Brady a three-month sentence for the kick but did not add it to the jail time he is serving.
Brady, with an address at St Anne's Square, Blackrock, admitted assaulting William Dillon at the Criminal Courts of Justice (CCJ) on April 15.
Garda David Hearns told Dublin District Court when the accused was charged he replied after caution: "I was told Mr Dillon wasn't making a complaint."
Gda Hearns said the incident happened in the custody area in the basement of the CCJ. Brady was being put in a cell when somebody called out for officer Dillon and the accused thought he heard the person say "Dylan".
He put his head back out of the cell and said: "Somebody is calling me." There was a dispute and a scuffle and the accused kicked out at the prison officer, the court heard.
It was a "throwaway kick" that the officer saw coming. He stepped back and it made "minimal contact" with the victim, Gda Hearns said. The prison officer did not require any medical treatment.
The court heard Brady was already serving a lengthy prison sentence and had 115 previous convictions.
Most were for motoring offences such as driving without insurance and dangerous driving, and he only had one prior conviction for assault, which happened during a fight outside a courthouse.
Aonghus McCarthy, defending, said while it was accepted this was a "huge amount" of previous convictions the "vast majority" were for road traffic offences.
He said Brady apologised for the assault on the prison officer. Brady was usually a "placid enough gentleman", the solicitor told the court.
Mr McCarthy asked the judge to take the accused's guilty plea into consideration and to be as lenient as she could in the circumstances.
Judge Kelly said she accepted the accused had apologised.