Carmody gets two month jail sentence

Tuesday, 06 January 2009

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Gordon Deegan

A DISTRICT court judge yesterday imposed a two month prison term on former doctor, Paschal Carmody (60) after he was convicted of an assault on a summons server at his home in March of last year.
At Killaloe District Court last evening, Judge Joseph Mangan imposed the prison term on Mr Carmody of Ballycuggeran, Killaloe after Insp John Galvin told the court that Mr Carmody had carried out “a vicious assault” on ex-Garda, John Sommers on March 8, 2007.
Mr Sommers told the court that he called to Mr Carmody’s home at 8.40pm to serve High Court papers on behalf of a Dublin firm of solicitors. Opening the door, Mr Carmody said: “You’re a Guard,” and in response, Mr Sommers said: “I am not. I am here to serve you documents.”
Mr Carmody then said ‘I have enough of documents’ and that Mr Carmody then went to close the door as he tried to serve the papers. Mr Carmody then flashed open the door and charged out at him and landed some blows to his head.
Mr Sommers said: “I was stunned and reeling from the blows. I experiened more blows to my head and reached the bottom of the steps and experienced more blows before I fell to the ground.”
He said he saw Mr Carmody turning to go back into the house, gesturing with his hands and speaking in a loud voice.
“I was traumatised by what had happened and thought the best course of action was to get out of the place quickly.”
Mr Sommers was accompanied by his wife, Janet and the two left to go to Killaloe Garda Station to make a complaint.
Under cross examination by Mr Carmody’s solicitor, Michael Staines, Mr Sommers accepted that he had served papers on Mr Carmody before and there had been no problem.
Mr Staines said that in his initial statement to Gardai, Mr Sommers said that he received only one blow from Mr Carmody. He said that Mr Sommers was taking a civil action against Mr Carmody over the personal injuries sustained in the incident and did not even take a disprin on the night and instead waited until the next morning to go to hospital.
In evidence, Mr Carmody said that there was loud banging on his front door for an inordinate amount of time and this was ‘totally unacceptable’.
Believing the person at the door to be one of the traders who called to his house earlier that day, he was quite upset and frightened.
“I wasn’t interested in the products they were selling and I went out and opened the door to tell the person to leave. I didn’t recognise him. It was dark.”
Mr Staines put it to Mr Carmody that Mr Sommers claimed he was attacked by him on three separate occasions. Mr Carmody said: “I attacked nobody.”
Under cross examination from Insp Galvin, Mr Carmody said: “I categorically deny that I assaulted anyone on the night.”
After hearing evidence for over 90 minutes, Judge Mangan said ‘convict’.
In a plea for leniency, Mr Staines said that Mr Carmody was a doctor and is currently going through other difficulties as a result of not being a doctor. People were delighted to have Mr Carmody as their doctor and would still be delighted to have him as their doctor.
Mr Staines said that on the night, Mr Carmody was alone at his home, was a bit frightened, a bit upset and over-reacted. The abrasions suffered by Mr Sommers to his knee and above his eye were very minor.
Mr Carmody was freed last night on bail pending the outcome of his appeal to the Circuit Court.

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