Garda Jailed over cork assault

jonsnow · 27-05-2011 10:27AM #1

http://www.irishtimes.com/newspaper/...reaking47.html

A garda who got into a row in Cork city while off-duty and knocked a man unconscious has been jailed for six months for assault.

Dean Foley (25), who was stationed in Bantry at the time, pleaded guilty to assault causing harm to Stephen Murphy at Grand Parade in Cork on September 12th, 2009.

The case against Foley - who is currently suspended from An Garda Siochana - is the first to be investigated by the Garda Ombudsman Commission to result in a custodial sentence.

Mr Murphy suffered a broken nose, fractures to his cheekbones, broken teeth and bleeding to the brain in the late night assault which happened after an exchange of words.

Foley, with an address at Tradean, Knocknasuff, Blarney, Co Cork broke down in the witness box at Cork Circuit Criminal Court as he spoke of his remorse for the assault.

He said that one moment of madness had cost him his career and he deeply regretted his actions and the injuries he caused Mr Murphy, who was 29 at the time.

The court heard that Foley had sold his car and his motorbike and borrowed extensively to come up with a substantial sum of compensation to offer to Mr Murphy.

Foley had been with his brother, Travis when words were exchanged with Mr Murphy, who was intoxicated at the time. A row broke out and this escalated into an assault.

Foley was stopped by gardai that night and made a cautioned statement admitting throwing a punch but he had no idea that Mr Murphy was so seriously injured, the court heard.

Mr Murphy wrote to the court and said he had no wish to see Foley go to jail but he was happy to leave the penalty up to the court.

Foley's brother Travis has already pleaded guilty to a lesser charge of assault and is due for sentence in relation to the offence on June 27th.

Judge Seán Ó Donnabháin noted Foley's guilty plea and his offer of substantial compensation but he said that he could not ignore the injuries suffered by Mr Murphy.

Mr Murphy was very intoxicated at the time and it was not a contest of equals, he said as he sentenced Dean Foley to 18 months in jail. The final 12 months were suspended.

Have to say I feel sorry for the guy.A moment of madness and he ends up destroying his career and his reputation.I hope the prison authorities make sure to protect him.The guy he assaulted had no wish for him to be sent down but I suppose with the extreme injuries the judge felt he had no choice.

kieran26 · 27-05-2011 10:31AM

He deserved prison. There is no way he should have gotten away with just a suspended sentence or a fine. He's lucky he didn't kill yer man! He is going to get a very hard time in prison!

Tigger · 27-05-2011 10:33AM

Is he still a guard ?

TheZohanS · 27-05-2011 10:34AM

Tigger wrote: »

Is he still a guard ?

God no, if you're convicted of a crime you can't remain a garda.

Frank Black · 27-05-2011 10:34AM

My sympathies for someone who would inflict these kind of injuries on someone else are somewhat limited - deserved jailtime no question.

RMD · 27-05-2011 10:41AM

He's going to get an awful time to prison.

SeaFields · 27-05-2011 10:44AM

kieran26 wrote: »

He is going to get a very hard time in prison!

RMD wrote: »

He's going to get an awful time to prison.

I'm open to correction here but won he be sent to a smaller, less 'aggressive' prision for his own safety? The one where child abusers and that go. Cant remember the name.

Duggy747 · 27-05-2011 10:45AM

I wonder who started the fight?

Smeefa · 27-05-2011 10:47AM

The fight broke out after Mr. Murphy referred to Mr. Foley's "Brightly coloured shirt" as a "gay shirt"

kieran26 · 27-05-2011 10:48AM

SeaFields wrote: »

I'm open to correction here but won he be sent to a smaller, less 'aggressive' prision for his own safety? The one where child abusers and that go. Cant remember the name.

shelton abbey? i'm not too sure where they're sending him, either that or he'll be in solitary for six months

Kess73 · 27-05-2011 10:49AM

kieran26 wrote: »

He deserved prison. There is no way he should have gotten away with just a suspended sentence or a fine. He's lucky he didn't kill yer man! He is going to get a very hard time in prison!

While I agree he deserves prison, it does show up a huge wrong in the Irish justice system.

This man assaults another and rightly gets punished for it, yet on a weekly basis we get to read of assaults and worse by men with 50, 60, 70 etc prior convictions who get to walk away with suspended sentences.

Or cases like the Clare woman who was raped a few years back. She went to court against the guy. He was found by the court to have done it. Yet he was on the same train home as her that evening.

Proper punishments for crimes is badly needed in my eyes, but consistency in sentencing is a must and Judges should be accountable for letting proven violent repeat offenders back onto the streets with Mickey Mouse sentences if and when they reoffend in a violent manner.

It is shocking the amount of assaults and killings that are carried out by people who are out on a suspended sentence or awaiting trial for a previous similar offence.

Plazaman · 27-05-2011 10:50AM

Agreed, sentence is deserved. Himself and his brother thump the crap out of an intoxicated man who made a silly comment about his brothers "gay shirt".

18 months, 12 suspended, his solicitors are going back to day to see can they get the remaining 6 months suspended as well.

Regardlless of him saying he only hit him once once the guy hits the footpath it wouldn't take too much to see he was seriously hurt. If he called an ambulance for him instead of walking away I would feel more sympathy for him.

Bullseye1 · 27-05-2011 10:50AM

Wouldn't it be better to have him work 6 months without wages and cost nothing than sending him to prison where he costs alot to maintain. People should be charged money for being in prison.

tayto lover · 27-05-2011 10:51AM

You will probably find that neither could hold their drink. These assaults rarely occur in the daylight hours. A very expensive night out for both.

Muckie · 27-05-2011 10:54AM

Think the row was started when Mr. Murphy said Mr. Foley shirt

was "Gay". Guess he won't be passing fashion statements any more.

He was lucky not to have died.

My name is URL · 27-05-2011 10:56AM

Jesus, I'd hate to see what he would have don to yer man if he actually insulted him rather than his brother's taste in shirts

Kojak · 27-05-2011 10:59AM

Smeefa wrote: »

The fight broke out after Mr. Murphy referred to Mr. Foley's "Brightly coloured shirt" as a "gay shirt"

Jesus, could the guard not have been a bit thicker skinned than that - if he can't take that kind of insult/slagging, what will happen to him in prison when all the inmates know he was a copper.

Will he try and knock the sh1t out of them as well - somehow I don't think he will be able to beat up every lad in prison...

myflipflops · 27-05-2011 11:03AM

It's the lack of consistency in Irish courts that annoys me.

Garda of previously impeccable character violently assaults someone while drunk and gets 12 months in jail.

Below is a case from March where an amateur boxer of previously impeccable character violently assaulted someone while drunk and got zero jail time.

http://www.herald.ie/national-news/courts/boxers-brutal-attack-in-nightclubs-toilet-2577094.html

tayto lover · 27-05-2011 11:07AM

myflipflops wrote: »

It's the lack of consistency in Irish courts that annoys me.

Garda of previously impeccable character violently assaults someone while drunk and gets 12 months in jail.

Below is a case from March where an amateur boxer of previously impeccable character violently assaulted someone while drunk and got zero jail time.

http://www.herald.ie/national-news/courts/boxers-brutal-attack-in-nightclubs-toilet-2577094.html

It does seem ridiculous when you compare the two. They need to get the law tightened up on this kind of thing.

My name is URL · 27-05-2011 11:09AM

myflipflops wrote: »

It's the lack of consistency in Irish courts that annoys me.

Garda of previously impeccable character violently assaults someone while drunk and gets 12 months in jail.

Below is a case from March where an amateur boxer of previously impeccable character violently assaulted someone while drunk and got zero jail time.

http://www.herald.ie/national-news/courts/boxers-brutal-attack-in-nightclubs-toilet-2577094.html

He [the judge] said "with grave reluctance on my part I am going to give him a chance".

What the hell..? If the judge was reluctant, then who exactly is deciding on what sentence should be handed down?

prinz · 27-05-2011 11:12AM

Jailed? But I thought the gardaí 'took care' of their own and were in cahoots with the judges up and down the country to do whatever the hell they liked both on and off duty and get away with ot scot-free?

Jaysus Indymedia led me up the wrong path altogether.

kieran26 · 27-05-2011 11:16AM

Bullseye1 wrote: »

Wouldn't it be better to have him work 6 months without wages and cost nothing than sending him to prison where he costs alot to maintain. People should be charged money for being in prison.

I certainly wouldn't want this guy working as a cop again. he's giving good cops a bad name!

sollar · 27-05-2011 11:19AM

That moment of madness nonsense doesn't wash as far as i'm concerned. He should have got the full 18 months and more imo.

Plenty of us get angry but do we beat a man into the ground because of it - NO.

Naikon · 27-05-2011 11:19AM

So much for "rehabilitation".

fakearms123 · 27-05-2011 11:21AM

Mr Murphy suffered a broken nose, facial fractures, broken teeth and bleeding to the brain as a result of the attack.

In an emotional statement to the court yesterday, Foley said: "One moment of madness has cost me my whole life. I am very sorry for it, for what happened. I never had any intention of hurting anyone. It wasn't my intention to do it."

These kind of injuries don't come from just "one moment of madness", its not like the garda threw one punch and then immediately regretted his decision, this garda consciously beat a man till he was very close to dying all because of a remark about a t-shirt. He is not fit to be a garda if he can't control his temper. He also says "it wasn't his intention to do it", how far into the beating did he realise it wasn't his intention to cause harm to this man, was it after he broke his nose or after he broke his teeth and from what Mr Murphy says is that he was unconcious so this idiot garda continued the beating while the man was knocked out. Complete scumbag I think and he deserves a longer sentence and I hate to say it but I hope the prisoners break his nose and his teeth while he's there.

sollar · 27-05-2011 11:27AM

fakearms123 wrote: »

I hate to say it but I hope the prisoners break his nose and his teeth while he's there.

+1 - Live by the sword and all that

kraggy · 27-05-2011 11:27AM

Sounds to me that he is deeply "remorseful" this time, cause he was caught.

If he hadn't been caught, imagine him out patrolling the streets.

Bleeding to the brain? He should have got longer. There are so many examples of young gardai behaving like they're untouchable. Another case in Galway couple of years ago where he assaulted someone, another last year also in Galway.

Templemore need to crack down on the recruits and tell them to treat people with respect when they're on duty, and also those they meet when they're off duty.

So much for being upstanding members of the community. I've many issues with the gardai. They've been usess the last 2 times I needed them.

tommyhaas · 27-05-2011 11:29AM

The whole incident could so easily have been avoided if people from Cork would just learn to dress properly. I blame the brother for wearing the gay shirt in the first place

King of Kings · 27-05-2011 11:31AM

harsh sentence considering many others walk away and the victim in this case asked that the garda did not go to jail.

Also the garda has raised a substantial amount of money for the victim which goes to show remorse which is lacking in most other cases of this nature.

dave1982 · 27-05-2011 11:32AM

Good riddance

ejmaztec · 27-05-2011 11:34AM

It doesn't say a lot for the Templemore vetting procedure that the guy became a Guard in the first place. How many more Guards are there who aren't cut out for the job, I wonder?

Garda Jailed over cork assault

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