Three Gardai found guilty in assault case

Chris P. Bacon

Are we allowed talk about this now?,the case is over just now and the last Gardai has been found guilty of assault on a man who had resisted arrest after urinating.

http://twitter.com/#!/damienrte

http://www.rte.ie/news/2011/0808/holnessa.html

A Waterford-based garda has been found guilty of assault causing harm, but guilty of assault on a man who had resisted arrest.
Sergeant Martha McEnery denied assault causing harm to Anthony Holness in the city last year.
At 2.15pm, Judge Leonie Reynolds directed the jury that they could return a majority verdict of 11/1 or 10/2.
The jury at the time had been deliberating for over three hours.
The trial at Waterford Circuit centred on an incident in New Street in the city at 3am on 29 January last year and the CCTV footage recoded in the Garda Control Room.
Last Friday, Garda Daniel Hickey was found guilty of assault causing harm to Mr Holness and Garda John Burke was found guilty of intending to pervert the course of justice in that he moved the CCTV camera deliberately when the incident was taking place.
Sergeant Alan Kissane was found not guilty.
By late Friday evening, the jury had not reached a verdict on a fourth garda, Sergeant Martha Mcenery.
The jury returned this afternoon after four hours deliberating and returned a unanimous not guilty verdict of assault causing harm but found her guilty of assault, a lesser offence.
She was remanded on continuing bail and will be sentenced in November.
Afterwards the Garda Ombudsman Commission said it was the first time they had secured a conviction in a jury trial.

OldGoat

I found 3 biros in a briefcase. Coincidence? I think not!

Captain Darling

Let the Garda bashing* commence....

*Pardon the use of this word.

prinz

Yeah, gards boo, never get punished for anyfink with their brutality n the rest lookin out for each other pigs and judges in on it too and evrytin.

Oh wait....

Gummy Panda

This earlier report has more detail about their crimes:

A court has heard that two garda sergeants accused of assault said they did not use excessive force when arresting a man last year.

Four gardaí are all denying charges relating to an incident involving 38-year-old Anthony Holness in Waterford city in January 2010.

Sergeant Alan Kissane, Sergeant Martha McEnery and Garda Daniel Hickey all deny assaulting Mr Holness, while Garda John Burke denies acting with intent to impede the apprehension of another person.

The trial before a jury of seven women and five men continued today at Waterford Circuit Court.

Statements made by Sergeant Kissane and Sergeant McEnery were read in court by Ray Leonard, the Director of Operations at the Garda Síochána Ombudsman Commission.

Sergeant Kissane and Sergeant McEnery had been on duty in the early hours of 29 January last year.

They were in a garda van at the time when a call came on the radio for assistance for Garda Daniel Hickey. He had been trying to arrest a man at New Street at the time.

When they arrived, Sergeant Kissane said he saw Garda Hickey leaning over Mr Holness and restraining him with his hands.

Sergeant Kissane said in his statement that Mr Holness was on the ground and his right arm was outstretched.

He said in his statement that he restrained his hand with his right foot, adding that in doing this, he placed his right foot to the rear, lower part of his neck and to the top of his shoulder.

Sergeant Kissane said he did not mistreat or assault Mr Holness in any way.
In her statement, Sergeant McEnery said that when she arrived at the scene, Garda Hickey had Anthony Holness in a head lock, after which Mr Holness was face down on the ground.

She said Mr Holness was roaring and shouting abuse and that she was concerned for her own safety.

Sergeant McEnery said that when he was on the ground his left arm was under his body and she was worried he might have been concealing a weapon.
She said that in an attempt to get him to co-operate, she flicked her right hand a number of times at the back of his neck, adding that at no time did she think what she was doing was excessive force.

The charges in the trial relate to Garda Hickey, who is alleged to have punched Mr Holness in the head after Mr Holness resisted arrest under the Public Order Act, while Sergeant Kissane is alleged to have stood on Mr Holness and Martha McEnery is alleged to have hit him in the head with her fist.

Garda Burke is alleged to have turned a CCTV camera away from the scene for a number of seconds during the alleged assaults, while he was directing the CCTV system in the control room at Waterford Garda Station.
All four deny the charges.

MagicSean

Anyone know what injuries he had?

mikom

"Wagons hoooooo"

Dangerous Man

Captain Darling wrote: »

Let the Garda bashing commence....

You have it the wrong way around. They were the ones doing the bashing. People are entitled to voice their disgust at Rat behaviour like this. These CRIMINALS should be in prison with THEIR OWN KIND. Brave Martha knelt down on the ground while Mr Holness was subdued and punched him in the back of the head six times.

To punch someone who cannot defend themselves is cowardly. To do it repeatedly is sadistic -and to punch someone in the back of the head where the skull is at its thinnest and most delicate - is to my mind, seriously endangering a person's life. Take a look at Martha - she's huge - enormous. I wouldn't want her lunchbox-sized fists coming down on the back of my head.

Abi

prinz wrote: »

Yeah, gards boo, never get punished for anyfink with their brutality n the rest lookin out for each other pigs and judges in on it too and evrytin.

Oh wait....

I think your keyboard is missing some keys.



.

Nodin

Abi wrote: »

I think your keyboard is missing some keys.



.

Its been that way since the Gardai battered it.

Bosco boy

Nodin wrote: »

Abi wrote: »

I think your keyboard is missing some keys.



.

Its been that way since the Gardai battered it.

priceless!

Bosco boy

mikom wrote: »

"Wagons hoooooo"

bitter people take aim

Chuck Stone

A policewoman thrashed my lad...

baldbear

Going into court with motorbike helmets on and not been able to open the doors was very funny. Can the lad who was assaulted make a statement now?

mattjack

Chris P. Bacon wrote: »

Are we allowed talk about this now?,the case is over just now and the last Gardai has been found guilty of assault on a man who had resisted arrest after urinating.

http://twitter.com/#!/damienrte

http://www.rte.ie/news/2011/0808/holnessa.html

I think the name Leonie is nice....

hatrickpatrick

In b4 the moron brigade with "the guy was a skanger / knacker / scobe / <insert generally disliked demographic here> and therefore deserved it"

prinz

The guy was a skanger, knacker, scobe, Nigerian, Roma, junkie and deserved........................ bah humbug.

Chris P. Bacon

hatrickpatrick wrote: »

In b4 the moron brigade with "the guy was a skanger / knacker / scobe / <insert generally disliked demographic here> and therefore deserved it"

He actually wasnt any of those,and he wasnt know to the Gardai.

mattjack

Chris P. Bacon wrote: »

He actually wasnt any of those,and he wasnt know to the Gardai.

he is known now..

Chris P. Bacon

mattjack wrote: »

he is known now..

He sure is,and he better make sure the tax is up to date on his car.

hatrickpatrick

Chris P. Bacon wrote: »

He actually wasnt any of those,and he wasnt know to the Gardai.

I know that, I'm just taking a shot at the people who seem to think that the identity or social class of the victim somehow changes the nature of the crime committed against them.

baldbear

So they resign or get sacked is what tv3 reported. Will they get pay offs then???

prinz

Chris P. Bacon wrote: »

He actually wasnt any of those,and he wasnt know to the Gardai.

So he drank so much that he decided it was appropriate to píss on the side of the street? Then when challenged by gardaí take off his jacket and swing it at them? I'll reserve judgement on what kind of a skanger he is tbh.

Chris P. Bacon

prinz wrote: »

So he drank so much that he decided it was appropriate to píss on the side of the street? Then when challenged by gardaí take off his jacket and swing it at them? I'll reserve judgement on what kind of a skanger he is tbh.

You've never had a piss on the street?

prinz

Chris P. Bacon wrote: »

You've never had a piss on the street?

Not that I know of no. I usually go for a piss in the toilets before I leave a pub for example. Or go in somewhere to use the toilets.

Chris P. Bacon

prinz wrote: »

Not that I know of no. I usually go for a piss in the toilets before I leave a pub for example. Or go in somewhere to use the toilets.

The area he was in didnt have public toilets and most places were closed,when you have to go you have to go.

MagicSean

Chris P. Bacon wrote: »

The area he was in didnt have public toilets and most places were closed,when you have to go you have to go.

Not if you don't drink yourself stupid. I presume he was prosecuted for his offence too.

DonJose

That ban garda is the spitting image of Chris Farley :eek::eek::eek:

http://www.rte.ie/news/2011/0808/holnessa.html

allthedoyles

baldbear wrote: »

So they resign or get sacked is what tv3 reported. Will they get pay offs then???

Surely of course they do - Don't our politicians get a pension for life when they are sacked ( after serving 3 years I think )

Why not our Gardai too - they are all public servants .

Micky Dolenz

Justice was served. I don't see the drama.

Guy:Incognito

I'm disputing the validity of the reporting, it didnt happen at all. Reliable sources on boards have assured me time and again in Garda related threads that the Garda are "above the law" and never get prosecuted for anything.That its all cover ups and whatnot and that the ombudsman is basically the Gards investigating themselves.

Dangerous Man

Bosco boy wrote: »

bitter people take aim

Oh look, it's Bosco Boy - again. Why do you come into these threads? What are you going to contribute to this one? I'll tell you what you're going to do before you do it; you'll look for any inkling that someone is generalizing or making it seem as though the behaviour of the criminals in this case are applicable to the force as a whole. Then you'll go after that person full bore in an attempt to deflect from the criticism of these three criminals.

Then you'll trash out the usual cliches about Garda-bashing and how it's only a few bad apples giving the rest a bad name.

You'll proably, at some stage, cite the behaviour of Mr Holness as justification for these criminals did. Don't bother.

I'll save you the time and call it as it is - three common criminals committing a crime. I've said it before and I'll say it again, they should be in prison with their own kind.

Bosco boy

In fairness to the man who was assaulted it's not fair to sterotype him or make asumptions on his character. He shouldn't have been pissing on the street, but it seems the arrest was way over the top, when someone resists arrest various degrees of force may be needed depending on the resistance, there are hundreds of people arrested every day and Most are peaceful. But there are violent people out there, gardai are recuited from the public and some unsuitables will always slip through the net. There might be hope even yet for a few of the Garda bashers to get in if they can pass the aptitude test next time!

tayto lover

If you use excessive violence you deserve what you get.
Thank God this does not happen too often with the Gardai as it is tough out there on the streets at night but you can only use sufficient force.

amacachi

Micky Dolenz wrote: »

Justice was served. I don't see the drama.

True, I don't know why there are ever any threads on here about any kind of a court case since once it's over justice has been served so why talk about it?

Micky Dolenz

If this turns into a battle field for personal gripes, I'll ban everyone.

Micky Dolenz

amacachi wrote: »

True, I don't know why there are ever any threads on here about any kind of a court case since once it's over justice has been served so why talk about it?

More often then not in this country justice isn't served.

Finnbar01

Why is sentencing put off until November?

Bosco boy

Dangerous Man wrote: »

Bosco boy wrote: »

bitter people take aim

Oh look, it's Bosco Boy - again. Why do you come into these threads? What are you going to contribute to this one? I'll tell you what you're going to do before you do it; you'll look for any inkling that someone is generalizing or making it seem as though the behaviour of the criminals in this case are applicable to the force as a whole. Then you'll go after that person full bore in an attempt to deflect from the criticism of these three criminals.

Then you'll trash out the usual cliches about Garda-bashing and how it's only a few bad apples giving the rest a bad name.

You'll proably, at some stage, cite the behaviour of Mr Holness as justification for these criminals did. Don't bother.

I'll save you the time and call it as it is - three common criminals committing a crime. I've said it before and I'll say it again, they should be in prison with their own kind.

I love you too!

mikom

Bosco boy wrote: »

There might be hope even yet for a few of the Garda bashers to get in if they can pass the aptitude test next time!

Typical test here....... http://content5.videojug.com/a3/a31884aa-c019-31ba-cb2e-ff0008c8e919/how-to-tie-your-shoelaces.WidePlayer.jpg

amacachi

Micky Dolenz wrote: »

More often then not in this country justice isn't served.

Surely the fact that this is a rare case of justice being done (I get the impression that that's your opinion) it's worth discussing at least a little?

baldbear

Guy:Incognito wrote: »

I'm disputing the validity of the reporting, it didnt happen at all. Reliable sources on boards have assured me time and again in Garda related threads that the Garda are "above the law" and never get prosecuted for anything.That its all cover ups and whatnot and that the ombudsman is basically the Gards investigating themselves.

The assault was caught on CCTV so couldn't be covered up.

On RTE news this story wasn't covered on there intro. Maybe they are waiting until the 9 oclock news or aren't going to bother with the story.

Bosco boy

mikom wrote: »

Bosco boy wrote: »

There might be hope even yet for a few of the Garda bashers to get in if they can pass the aptitude test next time!

Typical test here....... http://content5.videojug.com/a3/a31884aa-c019-31ba-cb2e-ff0008c8e919/how-to-tie-your-shoelaces.WidePlayer.jpg

priceless!

Micky Dolenz

amacachi wrote: »

Surely the fact that this is a rare case of justice being done (I get the impression that that's your opinion) it's worth discussing at least a little?

Yeah, sure. Knock yourself out.

Chris P. Bacon

Finnbar01 wrote: »

Why is sentencing put off until November?

I was thinking that myself,its a long time to wait.

hatrickpatrick

Seanbeag1 wrote: »

Not if you don't drink yourself stupid. I presume he was prosecuted for his offence too.

So you're saying the only possible explanation for needing to take a piss is that you're drunk?
Trololololololo.

Ireland needs more public toilets. Fact.

MagicSean

hatrickpatrick wrote: »

So you're saying the only possible explanation for needing to take a piss is that you're drunk?
Trololololololo.

Ireland needs more public toilets. Fact.

Are you saying people piss in the street for another reason?

mattjack

DonJose wrote: »

That ban garda is the spitting image of Chris Farley :eek::eek::eek:

http://www.rte.ie/news/2011/0808/holnessa.html

i,d say she has a future in Aussie rules football

Bosco boy

mattjack wrote: »

DonJose wrote: »

That ban garda is the spitting image of Chris Farley :eek::eek::eek:

http://www.rte.ie/news/2011/0808/holnessa.html

i,d say she has a future in Aussie rules football

I think it's time there was a lower age limit for those who can post on boards

Potential-Monke

Chris P. Bacon wrote: »

I was thinking that myself,its a long time to wait.

It's actually not that long, usually in circuit court cases it can be up to a year later before sentencing. I believe it's given a while to allow the judge sitting that day to have read over the case notes and decide in the severity of the sentencing.

Assault causing Harm carries a maximum 5 year prison term and unspecified fine or both. But it's extremely rare that the 5 years are given, usually 2 with both years suspended or 18 months suspended.

Assault can have a 6 month sentence or €1500 fine, or both, but usually on first offence get off with a Section 1(1) Probation Act order (keep the peace for a few years).

Garda Bourke is the person in most trouble, his combined convictions carry a maximum sentence of 12 years if i'm not mistaken.

So, the Judge has to have all the facts in order to decide who gets what. This is where the Defence will attend court again and give background details of the convicted and plead for lenient sentences.

And for those saying that they should be in with the rest of the criminals, i seriously doubt they will be, it'll be a liability case waiting to happen. If anything happened to them in prison, and lets be serious - something would, the state would be liable for damages. Same goes for every person in prison, but them being ex-Gardai there is an expected higher accountability for their safety. It's the same reason pedophiles and rapists are usually in solitary confinement or kept seperate to the rest of the inmates.

For my own opinion, i'm a bit shocked at 1 particular part. I knew Dan Hickey would be found guilty, they video evidence made sure of that. Having seen most of the evidence, i knew Alan Kissane would get off, and wasn't too sure about Martha McEnery. Personally, aftger listening to the evidence, i though Johnny Burke would get acquitted as, in my opinion, there was reasonable doubt (which the Judge ensures that if you believe this then you are not to convict), but obviously the jury thought otherwise (i believe it was a majority vote, so at least 1 of them didn't).

FetchTheGin

What is it with people posting "oh noez here comez da garda bashing lolz!!1"?

These people assaulted someone who was already apprehended and covered it up. I hope the sentence reflects the Crime.