A BANTRY man has been sentenced to eight months in prison after he was convicted of assaulting two members of the gardaí.
Ramilan Baginski (35) of Coomleigh West, Bantry, was legally represented at the local district court by solicitor Killian McCarthy.
The solicitor indicated that his client, who is originally from Germany, but has been living in West Cork since the age of two, was pleading guilty to all charges.
He appealed to Judge James McNulty to get a probation report saying his client’s actions were ‘out of character’.
‘Assaults on the gardaí are as serious as it gets in the district court,’ said Judge McNulty, who noted that the accused has five previous convictions and a history of offending.
Sgt Trish O’Sullivan said the accused’s five previous convictions included two drugs-related offences.
In one case, he was given 60 hours’ community service, while in another he was given a 90-day jail sentence.
Sgt Trish O’Sullivan gave evidence in respect of the assault charges.
She said gardaí, in possession of a search warrant, called to 21 Seskin Park in Bantry at 11.40am on May 27th 2022.
The door, she said, was answered by the accused and he remained hostile to the gardaí throughout.
At one stage, she said, the accused left through the rear garden but returned almost immediately.
The sergeant outlined how Ramilan Baginski lashed out at Det Sgt Kevin Long, which resulted in him sustaining a cut on his face, just below the eye.
The offence resulted in the accused being charged with assault causing harm, which Judge McNulty said warranted a custodial sentence.
An eight-month sentence was imposed, but the solicitor asked for recognisances to be fixed for an appeal.
During the altercation, Sgt O’Sullivan said the accused also kicked out and this resulted in Gda Brian Morris sustaining a bruise to his upper thigh. Ramilan Baginski was sentenced to four months in jail, which is to run concurrently, for the less serious assault on Gda Morris.
Sgt O’Sullivan said both members of the gardaí attended Bantry General Hospital after the altercation and that the DPP had consented to the case being dealt with in the district court.
Killian McCarthy had appealed for leniency, saying his client is ‘now clear of controlled drugs’ and has signed up to do a two-week observation study on epilepsy.
On the date of this offence, Mr McCarthy said his client, who trained as a horticulturist, was ‘just after a seizure’ and was not well.
‘After a seizure,’ the solicitor said, ‘you are subject to high levels of anxiety and panic attacks.’
The solicitor said his client has daily seizures and his condition is debilitating.
‘He lives a secluded life,’ he added, ‘and doesn’t drink.’
On a third charge, the accused was convicted of resisting Det Gda Fintan Sleator and a four-month suspended sentence was imposed.
It was suspended on condition that the accused keep the peace for the next two years, and does not use, sell or supply any controlled drugs.
Another condition stated that the accused is to place himself under the supervision of the probation service for a year and to be available for random urinalysis.
Recognisances were fixed for an appeal.
Judge McNulty set a bond of €100, with no cash required to be produced.
