A garda’s eardrum was perforated after a protester at an anti-lockdown demonstration threw a firework into the crowd, Dublin Circuit Criminal Court heard.
Jake Merriman (31) was jailed for 20 months on Tuesday after he pleaded guilty to endangerment on Grafton Street, Dublin on February 27th, 2021. Additional charges of assaulting two gardaí were taken into account after the court heard that Merriman also punched a garda in the face and kicked another in the groin.
Merriman, of Meadowslands Avenue, Dún Laoghaire, later told gardaí that he had been drinking the night before and decided to head into town for the protest.
“It was meant to be a bit of a laugh,” said Merriman, who has minor previous convictions that were dealt with in the District Court.
Det Sgt Patrick Traynor accepted that a juvenile handed Merriman the firework, lit it and then Merriman threw it into the crowd. It landed close to Garda Mark Walsh, perforating his right ear drum. The garda has since fully recovered.
Very active part
Judge Martin Nolan said Merriman took a very active part in the demonstration and behaved in a very violent manner. He noted from a victim impact statement, which was not read out in court, that Garda Walsh was in considerable pain and distress and lost his hearing for some time.
“He worried for some time that he would not be able to return to his role, but thankfully his hearing has recovered,” Judge Nolan said.
The judge said Merriman was “violent, aggressive and hostile on the day” and deserved a custodial sentence, but he said Merriman had not intended to cause the damage he did when he threw the firework.
“He aggravated the situation and caused considerable difficulties for the demonstrators and the gardaí,” the judge said. “He kicked, punched and discharged a weapon.”
He sentenced Merriman to three years in prison with the final 16 months suspended on strict conditions including that he give €5,000 to Garda Walsh, should he choose to accept it. The court heard that Merriman, who runs his own power washing business, had €10,000 in court as a token of his remorse.
“Gardaí have a difficult time, particularly on that day. He brought his fair share of hostility and anger,” Judge Nolan said.
Intention to cause disturbance
Det Sgt Traynor told John Moher BL, prosecuting that Merriman had been vocal and abusive and had been throwing glass and plastic bottles at gardaí earlier that day before he punched and kicked the two gardaí. He later told gardaí that it had been his intention to cause a disturbance and make noise.
Det Sgt Traynor agreed with Keith Spencer BL, defending, that his client told gardaí in interview that it had been “a moment of madness” following a night of drinking. He accepted that Merriman said he had been “foolish” to go in that day and he repeatedly called himself a fool when being questioned.
Mr Spencer said his client had received hate mail in the aftermath of the demonstration.
“He suffered the fall-out from it being shared in the media,” counsel said.
He said Merriman had been struggling with alcohol and being out of work at the time due to the pandemic.
“He knows he took the wrong choice and pledges to take the right choice in the future,” Mr Spencer submitted.