Athlone District Court

Woman who spat at Garda following ‘highly abusive’ bus altercation escapes conviction

A woman who caused a bus to evacuate its passengers to alternative transport after she became “highly abusive” to the driver in December of last year, has escaped conviction.

Fiona Higginbotham (28), with an address in Slane, Co Meath, previously appeared before Judge Bernadette Owens, where evidence was heard of a brawl with another woman on the bus before the accused issued a death threat to the driver, warned a Garda she would “smash his face in”, and spat directly into the officer’s face.

In June of this year, Ms Higginbotham pleaded guilty to assaulting Garda Darren Murphy on board the bus at Fearmore, Moate, Co Westmeath on December 17 of last year, to using threatening, abusive or insulting behaviour, and to public intoxication.

When the case returned before Athlone District Court recently, Tony McGlynn, representing the accused, drew Judge Owens’ attention to the “very good probation report” that had been handed in.

“She has apologised to the Garda,” he said, “I’d struggle to see a better probation report. The Garda fully accepted her apology and recognised she’s a totally different person in the sober light of day, when she’s in good health.”

Sergeant Paul McNally informed the court that Ms Higginbotham had not come to any subsequent adverse Garda attention.

Judge Owens opted to deal with the case in a manner which would not trigger a suspended sentence imposed on Ms Higginbotham in relation to a separate matter, and directed section 2 of the probation act, which allowed her to escape a criminal conviction.