A man who assaulted two Garda members in Waterford while “acting aggressively” and “foaming at the mouth” recently had his case dismissed, due to being subject to a deportation order.
Danny Habtay (35) of Viking House Hostel, Waterford, was produced at a sitting of Waterford District Court this month from Midlands Prison, Portlaoise, where he was being held in custody for the assault of two members of An Garda Síochána, contrary to Section 2 of the Non-Fatal Offences Against the Person Act, 1997, relating to an incident that took place on 30 July, 2025.
Sergeant Michael Hickey told the court that on that day, Gardaí were called to Coffee House Lane, Waterford, following reports of a man acting ‘aggressively’. The man, who was identified as the accused, began shouting and foaming at the mouth when approached by Gardaí. He then bit one Garda member, before punching the other officer. The accused was subsequently arrested.
Sergeant Hickey said that following the incident, both Gardaí were able to continue with their shifts, but later had to seek medical attention. The court was told that the accused was being held in custody on these matters, and has nine previous convictions, which includes a public order matter that he appeared at another court for in December 2025.
After enquiring about whether the accused was issued with a deportation order, Judge Kevin Staunton said that the man was “effectively deported in November,” but is still awaiting this to happen. The Judge decided to dismiss the charges under Section 1 (1) of the Probation Act, 1907, due to his deportation order. The accused was then brought back into custody until this can take place.
Funded by the Court Reporting Scheme
Robyn Power
