
Man who spat in garda's face to appeal rejected International Protection application
A knife wielding asylum seeker who told a security guard at a midlands accommodation centre: 'I will kill you, I will f*** you up' before spitting in the face of a garda and masturbating inside a custody cell is to appeal a decision to turn down his bid for international protection.
Youcef Mohamoud (27), of Richmond Court, Richmond Street, Longford saw his application to remain in the country turned down by International Protection Office (IPO) prior to a series of offences he carried out that saw him threat to kill the security employee, assault a garda and commit three separate incidents of criminal damage last month.
Mohamoud entered guilty pleas at a sitting of Longford District Court alongside two further charges for public order on May 16.
Sgt Enda Daly, in providing the State's evidence, told of how Mohamoud had first been detained on May 3 under section 12 of the Mental Health Act when officers were called to the town's Richmond Street area where they found the accused 'on his hands and knees' shouting in the middle of the road.
Longford Courthouse.
News in 90 Seconds - June 28th
Follow up inquires found that Mohamoud had moments earlier caused €200 worth of damage to a female motorist's car after jumping on its bonnet while her vehicle had been caught in slow moving traffic.
Sgt Daly revealed how Mohamoud had later gone on to smear the inside of a holding cell at Longford Garda Station with blood and urinated on a blanket shortly before stuffing it and its soiled contents down a toilet bowl.
In the wake of that incident and when gardaí were processing him, Sgt Daly said Mohamoud spat at Garda Kevin McGloin's face through the cell hatch after ripping up a charge sheet which had been given to him seconds earlier.
Just over two weeks later, Judge Bernadette Owens heard details of a second, more violent incident when gardaí were called to deal with a disturbance at Richmond Court shortly after midnight on May 18.
Sgt Daly said a member of security told gardaí upon their arrival of how they had been confronted by Mohamoud in the facility's kitchen area.
CCTV footage was obtained, showing Mohamoud first gesturing with his hands and then becoming increasingly agitated in a row the pair had been having over a fridge.
The court was told Mohamoud, who had been in custody since May 19, could be seen on camera arming himself with a green kitchen knife where he proceeded to stab a series of wall tiles.
Sgt Daly said it was during that exchange, Mohamoud told his victim: 'I will kill you if you turn the fridge on again, I will f*** you up.'
Gardaí subsequently arrested the accused and handcuffed him as officers placed him into the rear of a patrol car.
The court heard it was there that Mohamoud's conduct took a more virulent turn as he began to scream out in Arabic.
In an attempt to diffuse the situation, Sgt Daly said gardaí endeavoured to physically restrain the accused in an incident that saw Mohamoud try to bite and spit at Garda Sean Harrison.
Sgt Daly said when Mohamoud was brought back to Longford Garda Station, the accused ripped at his clothes, spat at the cell door and began to masturbate.
Judge Owens also learned of Mohamoud's previous solitary conviction which had been handed down by the same court barely a month beforehand which saw the accused being placed on a six month peace bond.
In defence, solicitor Bríd Mimnagh was questioned by Judge Owens when noting the court's file concerning an 'issue of possible repatriation'.
Ms Mimnagh replied by confirming Mohamoud was intent on appealing a decision against him securing international protection and remaining in Ireland.
'He did say he wanted to appeal the decision to refuse him to allow him to stay in this country,' she remarked, adding how Mohamoud had also secured a solicitor in Athlone 'with a view to appealing that decision to the High Court.'
Judge Owens was told a 'very comprehensive report' had previously been furnished to the court from a psychiatrist at Castlerea Prison which outlined some of the medical difficulties Mohamoud was continuing to encounter.
'(He) accepts he is responsible for his behaviour and has pleaded guilty to the charges,' said Ms Mimnagh, in referencing the report and how its contents had indicated both 'intoxication and substance abuse' had been behind Mohamoud's offending.
'He had been doing well and when he takes his medication he does well and he has to deal with the issue of returning to his home country or staying here.'
Ms Mimnagh said Mohamoud was cognisant of his wrongdoing and had secured an address in Mullingar to reside in upon his release from prison.
In delivering her sentence, Judge Owens said the court was mindful of the guilty pleas which had been entered, but also noted how Mohamoud had only weeks earlier been 'given an opportunity' in being placed on a peace bond.
She said the offences before the court 'clearly showed an escalation' as to Mohamoud's level of offending 'over a very short period of time.'
As such, she handed down a three month prison term for the assault on Garda McGloin, backdating its duration to May 19.
Two accompanying criminal damage charges from the same date were, meanwhile, 'taken into consideration'.
A further five month consecutive sentence, which Judge Owens suspended for 18 months, was also issued for the threat to kill charge with a further criminal damage charge and two counts of public order being similarly 'taken into account.'
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