Drogheda Court heard that the defendant was found hiding in the kitchen after his heavily pregnant then partner tried to stop the officers entering their apartment.
Evidence was given of a volatile and tense situation which occurred three days before Christmas last year.
Servet Rapi (40), River Court, Rathmullen Road, Drogheda, a former pizza chef, pleaded guilty to resisting Gda John Spain, but denied assaulting him and Gda Odhran Loughran.
He said that he was concerned for the woman who was due to give birth any day.
Gda Spain testified that at 8.10pm on December 22, 2024, he and his colleague went to the ground floor apartment at River Court with a High Court arrest warrant. They were in uniform.
At the door he spoke to a female who wouldn’t let them in. She continued to try to deny access.
Gda Spain said that they eventually managed to get inside. Mr Rapi was found hiding behind a door in the kitchen.
The witness continued that he handcuffed this man to the front. It would be normal to handcuff to the back but the defendant was against a wall and he wanted to get him out as quickly as possible.
Mr Rapi became increasingly aggressive as they walked out, one garda either side of him.
The woman also became more aggressive. At one point she put her hands in Gda Loughran’s pocket, and Gda Spain said that he had to let go of the accused.
When he turned around Mr Rapi struck into his colleague’s chest with force. A struggle ensued before they managed to get the man outside.
Gda Spain continued that the defendant shouldered him, causing him to fall over. The three of them ended up on the ground.
They managed to restrain the defendant and get him to the patrol van before taking him to Drogheda Garda Station.
Gda Spain added that he sustained a cut to an elbow. His shin was also bleeding.
It was a quite volatile, tense and charged situation.
Cross-examined by barrister Eoghan Fagan, the witness denied that he fell as a result of dragging Mr Rapi out.
This man “definitely lashed out” at Gda Loughran.
Gda Spain said that some weeks later the woman thanked him.
Gda Loughran gave evidence that when he went into the kitchen he saw a large kitchen knife on a counter. The defendant was hiding behind a door.
He informed him of the arrest warrant.
As they were leaving, the woman continued to be disruptive. The man “hit me a box into the chest”.
The woman became aggressive again before the three men were on the ground in front of the house.
Mr Rapi was saying that he had no shoes on. He was wearing shoes.
Servet Rapi testified that he resisted arrest because “one of the boys” pushed his partner.
“I resisted. They were trying to lock me up, you know. I was trying to put my shoes on.”
He denied pushing the guards. He said that they were not lying.
“No way” did he put his closed fists into the garda’s chest.
“I was handcuffed. I don’t remember the way (I pushed him).”
He continued that he hid “in the kitchen door”. He didn’t want to get arrested because his partner was due.
Mr Fagan submitted that the offending behaviour was encompassed in the Section 19 (3) matter, and that a plea in that respect dealt with the totality of conduct.
Two “superfluous” Section 2 assault charges could be dismissed, he suggested.
Gda Inspector Kevin Toner replied that those charges were not superfluous.
Judge Nicola Andrews said she was satisfied that the defendant’s behaviour went beyond what was contained in the Section 19 offence and “trespassed into Section 2 assault”.
She convicted Mr Rapi of assaulting both gardaí.
The court was told of nine previous convictions, including for public order, uninsured driving and speeding.
Mr Fagan said that his client was originally from Albania and for 18 years worked as a pizza chef.
Judge Andrews remanded Servet Rapi on continuing bail to January 19 for a community service report.
If he was not deemed suitable for community service the judge said that she would deal with this by way of a custodial sentence.
Legal aid was granted and the court certified for counsel.
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