Garda avoids jail for attacking two women

jonsnow

http://www.independent.ie/irish-news...-35854690.html

At a sentencing hearing today, Judge Elizabeth MacGrath said the assault on one of the women, Emer Kelly, was “a serious assault” while another woman who was assaulted, Aisling King, had acted as a “good Samaritan” when trying to help her friend.
She imposed a six-month prison sentence, suspended for two years, for the assault on Emer Kelly, and a three-month sentence, suspended for a year, for the assault on Aisling King.


More details in older article

http://www.independent.ie/sport/hors...g/punchestown/

Mr Hanrahan had vehemently denied punching the two women in an unprovoked attack near an isolated Tipperary cemetery last year.

However, Judge Elizabeth MacGrath convicted the young Newcastlewest-based garda of assault causing harm last February following a day long trial.
In convicting Mr Hanrahan, she noted that an independent witness, a security guard driving home, had seen a man with red hair holding a woman by her hair near Lisboney cemetery.

Judge MacGrath also noted inconsistencies in Garda Hanrahan's evidence including his initial claim in a 999 call made from the scene that he had been confronted by six or eight people and "fought them all off."
"I have found that Mr Hanrahan's account on the night in the 999 call was not accurate," she said.

Judge MacGrath also noted that, in his 999 call, Mr Hanrahan said those confronting him were: "a f***ing crowd of psychopaths."

The garda's legal team said the convictions would have "devastating consequences" for him.
Mr Hanrahan is a married father of two whose children are aged just six months and three years old.

The two young women at the centre of the incident, Emer Kelly and Aisling King, had sobbed while giving evidence about the assaults which occurred when they had asked the young garda for a promised €15 for the lift home.

In victim impact statements, they said they had always respected Gardai but, after the assaults, they were now afraid of Gardai.
"Because of that night I will not drive my car on my own at night," Aisling King said.

Emer Kelly said she couldn't sleep over what happened.

"I couldn't believe that a guard could do this to me. The Gardai are meant to be there to help you," she said.
She said the garda's claim that she had attacked him that night "really hurt."

Garda Hanrahan, who was off duty on March 5/6 2016, insisted to the court he only acted in self-defence after he claimed one of the young women “launched herself” at him in a row over the lift fee.

“She (Emer Kelly) got out of the car and attacked me. She wanted me to pay €50. The last thing I wanted or desired was an altercation of any description after what had happened in New Orleans (the shooting),” he said.
“I did everything I could to stop it (the confrontation). I wasn’t trying to hurt her. I was trying to stop her. I couldn't get away from her. She was kind of stunned (after the blow). Then she sat down and started crying.”

“If I hit her the way she said I hit her she would be black and blue all over.”

“I am sorry she sustained an injury - but if I am attacked I am going to defend myself,” he said.
Michelle O'Connell, for the State, said Gardaí became aware of an incident in Nenagh at around 4am on March 6 last.

Ms Kelly was in Nenagh with her friends Aisling King and Ellen Nyhill in her new car.

Mr Hanrahan approached the young women and agreed to pay them €15 to €20 for a lift to his home at Ballintotty, Nenagh.
None of the women knew him.

“It was a weird situation after a while. He was very rude. He said that Nenagh was full of scumbags,” Ms Kelly said.

Mr Hanrahan also described Nenagh as “a sh** hole” and “a kip.”

When one of the young women joked that Nenagh men would not like to hear such derogatory comments about their town, Ms Kelly said Mr Hanrahan replied that he would fight anyone who took him on.
The women then asked Mr Hanrahan to get out of their car.

He immediately complied and exited the vehicle near Lisboney cemetery.

“Aisling went to drive off but I said I will ask him for the money. I didn't want her to leave without him giving her something,” Ms Kelly said.

“The door was between me and Brian. He pulled my hair and beat me to the ground,” Ms Kelly sobbed.
“He kicked me in the face while I was on the ground.”

“I covered my head. I left my mouth open and that is why the damage was caused to my teeth.”

Ms Kelly subsequently required €510 worth of dental repair treatment.

“He kicked or punched me about six or eight times I couldn't touch my mouth it was so sore.”

Ms Kelly, who is 5 ft in height, rejected defence claims that she had attacked Mr Hanrahan who is 6ft tall.

Aisling King said she jumped out of the car when she realised something was happening with her friend.

“He had pulled her hair. Then she (Emer) was on the ground. He was hitting her. It seemed to go on forever,” Ms King wept.

“I said stop, stop, please stop. Please. But he hit me twice in the face. There was blood all over Emer’s face.”

Ms Nyhill rang the gardaí.

A passing motorist, Eddie Ryan, stopped to help the young women.

“I saw Mr Hanrahan holding her (a young woman) by the hair,” he said.

Mr Hanrahan of Newcastlewest Garda Station, Co Limerick denied two assaults contrary to Section 3 of the Non Fatal Offences Against the Persons Act.

He insisted he only acted in self defence.

The young garda made headlines in 2015 when he was shot while on holidays in New Orleans in the US.

He had been withdrawing cash from an ATM when an armed robber attacked and shot him.

Will he be discharged from the force now given his appalling history of violence and his perjury. Hard to see him being kept on but stranger things have happened.

jonsnow

jonsnow wrote: »

Will he be discharged from the force now given his appalling history of violence and his perjury. Hard to see him being kept on but stranger things have happened.

He was not charged with perjury. His defence of self defence failed, but that is very different from saying his evidence amounted to perjury.

But either way, hard to see how he can keep his job. He may have, in another era. But not now.

Spanish Eyes

Forget about him for a minute. His wife and children must be in an awful state and mortified. We often focus on the accused but not the effect the accused's actions/sentence has on family.

It's not as if they are in an anonymous place in a big city. They are in Tipp. Jesus.

_Kaiser_

[Deleted User] wrote: »

He was not charged with perjury. His defence of self defence failed, but that is very different from saying his evidence amounted to perjury.

But either way, hard to see how he can keep his job. He may have, in another era. But not now.

6 month suspended sentence? He won't be losing his job.. He'll be moved to another division or into an office

You only have to follow the stream of AGS scandals in even the last 3 years, and the performance of the current and former commissioner to realise nothing has changed at all.

Dyr

Spanish Eyes wrote: »

Forget about him for a minute. His wife and children must be in an awful state and mortified. We often focus on the accused but not the effect the accused's actions/sentence has on family.

It's not as if they are in an anonymous place in a big city. They are in Tipp. Jesus.

Spare a thought for the two women who are going to have every copper in Tipp gunning for them anyone belonging to them

Harry Palmr

Why don't cop cars have CCTV?

ganmo

Harry Palmr wrote: »

Why don't cop cars have CCTV?

He wasn't working. He was out on the tear

Korat

What's the usual sentence for this offence?

Harry Palmr

Right so he is not Garda Hanrahan, just a Mr like the rest of us.

judeboy101

You'd wonder about the story he gave in new Orleans. He seems to have form. The wife must be mortified, id be out on my ear if I "took a lift " from 2 women on a night out. I think he wanted more than a lift the dirty fecker, he wanted a ride ;-)

Gerard93

http://www.irishtimes.com/news/garda-cleared-of-charges-of-assault-against-14-year-old-boy-1.590637

Previous charges cleared

Spanish Eyes

Bambi wrote: »

Spare a thought for the two women who are going to have every copper in Tipp gunning for them anyone belonging to them

Yes, agree with your post, but the cops in Tipp might be gunning for him aswell. He is bringing them down along with himself, and cops in Ireland haven't got a great press at the moment.

But that is the antithesis of justice in this country isn't it. Terrible for victims, and family. More for the victims for sure.

enricoh

The gardai's image with the public must be battered at this stage.
Would this guy really not get the sack? I dont mean early retirement or any of that crap.

RustyNut

_Kaiser_ wrote: »

6 month suspended sentence? He won't be losing his job.. He'll be moved to another division or into an office

You only have to follow the stream of AGS scandals in even the last 3 years, and the performance of the current and former commissioner to realise nothing has changed at all.

There will be a complaint made to GSOC, they will appoint a local Garda inspector to investigate their colleague resulting in a nothing to see here outcome and back to businesses as usual.

Yamanoto

The incident where he was mugged and shot in New Orleans a few years back was a fairly obvious indicator that the chap may not have been best suited to a career upholding the law.

Following a stranger nearly two miles from the French Quarter to a rough part of town at 5 in the morning strongly suggested there were some shenanigans at play.

archer22

Spanish Eyes wrote: »

Yes, agree with your post, but the cops in Tipp might be gunning for him aswell. He is bringing them down along with himself, and cops in Ireland haven't got a great press at the moment.

But that is the antithesis of justice in this country isn't it. Terrible for victims, and family. More for the victims for sure.

"but the cops in Tipp might be gunning for him as well.He is bringing them down".

No he is not a whistle blower so he has nothing to fear in that department

RustyNut

RustyNut wrote: »

There will be a complaint made to GSOC, they will appoint a local Garda inspector to investigate their colleague resulting in a nothing to see here outcome and back to businesses as usual.

Actually, in my experience they go the other way. Even where Gardai beat an assault charge in the criminal courts, beating it again in a disciplinary hearing is a whole new kettle of fish and of course the evidential standard is much lower as it doesn't require proof beyond all reasonable doubt.

mynamejeff

Deleted User wrote: »

Actually, in my experience they go the other way. Even where Gardai beat an assault charge in the criminal courts, beating it again in a disciplinary hearing is a whole new kettle of fish and of course the evidential standard is much lower as it doesn't require proof beyond all reasonable doubt.

So cases against garadi dont have to have to same level of proof as other cases ?

that hardly seem fair

Birneybau

He really seems like a nutjob.

RustyNut

Deleted User wrote: »

Actually, in my experience they go the other way. Even where Gardai beat an assault charge in the criminal courts, beating it again in a disciplinary hearing is a whole new kettle of fish and of course the evidential standard is much lower as it doesn't require proof beyond all reasonable doubt.

What when they are not charged? I wonder was this Garda sacked,or these hero's? or ............

Are Am Eye

mynamejeff wrote: »

So cases against garadi dont have to have to same level of proof as other cases ?

that hardly seem fair

The level of proof is 'balance of probability'
This is equivalent to other employment disciplinary procedures and to Civil Law in the courts.
Criminal Law in the courts operates at a higher bar i.e 'beyond reasonable doubt'

Birneybau

Birneybau wrote: »

He really seems like a nutjob.

I remember the same chap from school and being honest I'm surprised because he always struck me as mild a mannered relative to others. However there was drink involved and the man was shot in new Orleans so might have changed/impacted his behaviour which I'm not condoning for a second btw. He just shouldn't be in this situation in his position...hell in general even

mynamejeff

RustyNut wrote: »

What when they are not charged? I wonder was this Garda sacked,or these hero's? or ............

i think the guy from limerick writes for the cork examiner as a crime correspondent ?

the other incident is 20 years old ......

Birneybau

Deleted User wrote: »

I remember the same chap from school and being honest I'm surprised but sure there was drink involved and the man was shot in new Orleans so might have changed/impacted his behaviour which I'm not condoning for a second btw. He just shouldn't be in this situation in his position...he'll in general even

Well, maybe he's drunk on power. Did this before New Orleans:

https://www.irishtimes.com/news/garda-cleared-of-charges-of-assault-against-14-year-old-boy-1.590637

RustyNut

Deleted User wrote: »

Actually, in my experience they go the other way. Even where Gardai beat an assault charge in the criminal courts, beating it again in a disciplinary hearing is a whole new kettle of fish and of course the evidential standard is much lower as it doesn't require proof beyond all reasonable doubt.

Mabey you would know what percentage of complaints to GSOC are actually "investigated" by members of AGS rather than an independent investigation? Or where would that information be found?

Birneybau

Birneybau wrote: »

Well, maybe he's drunk on power. Did this before New Orleans:

https://www.irishtimes.com/news/garda-cleared-of-charges-of-assault-against-14-year-old-boy-1.590637

Could be possible. Years can change people.

RustyNut

mynamejeff wrote: »

i think the guy from limerick writes for the cork examiner as a crime correspondent ?

the other incident is 20 years old ......

The question stands, sacked, resigned, retired or convicted for their violent attacks on citizens?

I think he might save his career somewhat. His legal team will do everything to prove he was suffering PTSD after the shooting in the US and to be fair, they can build a strong case on this. If they can prove that his behaviour was radically altered or that the drink he took was mixed with medication he might have been on....what have ya. I dont think he'll ever be on the street again somehow.

Apart from calling a judge an eejit to their face, what do you need to do in this country to NOT get a suspended sentence?

Deleted User

Deleted User wrote: »

Apart from calling a judge an eejit to their face, what do you need to do in this country to NOT get a suspended sentence?

Reminds of a story I heard about a lad from our village who ended up homeless in London after falling on hard times (unrelated and apologies for going off topic). Cant vouch for the accuracy of this story but its funny nonetheless

The fella conjures up a plan to rob a clock from a shop and sets it off walking out in order to get caught as so he will at least have a roof over his head. So he is up in front of the judge and the judge takes pity on him and suspends the sentance. 'Ok Curly' replied our pal the defendant and was sentenced to a couple of months

Probably bulls*t but still made me laugh

RustyNut

Deleted User wrote: »

Apart from calling a judge an eejit to their face, what do you need to do in this country to NOT get a suspended sentence?

Fiddle your taxes, like paying the wrong tax on your imported garlic. That will see you on the wrong side of the bars. Violent assault not so much.