Gardai Cleared of Charges but Left with the Bill!

Hitchroun

http://www.irishexaminer.com/ireland/gardai-cleared-of-assault-but-face-14k-bill-254569.html

Gardaí cleared of assault but face €14k bill

Wednesday, January 08, 2014

Representatives of rank-and-file gardaí have launched an attack on the Ombudsman Commission after two members were left to pay their own legal bills after being cleared of assaulting a violent teenager whose own mother described him as “an absolute gurrier of the highest order”.

By Sean O’Riordan
The two gardaí face a combined legal bill of €14,000 because the State is refusing to pay their costs. The Garda Representative Association (GRA) also said thousands of euro was wasted during the case against two of its Cork city-based members.

The GRA criticised the manner in which the Garda Siochána Ombudsman Commission pursued the case against them and the State’s refusal to pay their costs.

Gardaí Brendan Dowling and Fiona Sheehan, who have a combined 30 years of service, had to wait 18 months to be cleared of using excessive force by pepper-spraying a self-admitted violent teenager with 22 previous convictions including assaults.

The State dropped the case against them at Cork District Court on Monday after the teen, who cannot be named for legal reasons, admitted being the ringleader of a violent attack by a gang of youths on Paul Street Shopping Centre on May 2, 2012.

The court heard the gardaí had in fact showed extraordinary restraint in how they dealt with the then 16-year-old that night.

GRA central executive committee member Mick Corcoran said he wanted to thank the district court judge and the state solicitor for recognising the lack of merit in the case and for bringing it to an end, “thus sparing the accused gardaí and their families any further unnecessary worry, stress and anxiety”.

However, he said he believed the case represents an indictment of how the commission conducts its business and questions if it observes the basic values which are emblazoned on its masthead of “inquiry, independence, impartiality”.

“The fact that the judge and state solicitor could see, after only one hour of evidence from the first witness the lack of merit in the case, raises serious questions as to why this prosecution was brought by the commission at all and why it passed muster with the office of the DPP,” Mr Corcoran said.

He said the GRA was also concerned that a prosecution could be taken against gardaí for using pepper spray, which was sanctioned for use by the State as “a non-injurious alternative to the baton”.

“Had this case succeeded it would have had huge implications for our members. It would have placed doubt in the minds of gardaí as to whether or not to deploy it.”

A commission spokesman said use of force, including the deployment of pepper spray was “subject to oversight by Garda management, the Garda Síochána Ombudsman Commission and where appropriate the courts”.

“This was a case where, following a Garda Síochána Ombudsman Commission investigation, a prosecution was brought by the DPP.

“It is important to note, however, that there was no verdict as the prosecution was withdrawn,” the spokesman said.
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