A judge has struck out a case of assault against a garda, saying he would be a loss to the community if he was taken off the force.
Garda Ian Oates admitted assaulting another man while on a night out with friends in Co Donegal.
However the court also heard Garda Oates had been an exemplary garda who had once saved a woman from drowning and, at another time, stopped a serious sexual assault.
Letterkenny District Court heard that Richard Geraghty was assaulted by Garda Oates on the lane beside Gallagher’s Hotel in Letterkenny at 3am on September 1st, 2011.
In his statement, Mr Geraghty said Garda Oates was standing with two friends outside Gallagher’s Hotel, when he called out to him as he walked past.
Mr Geraghty told the court that Garda Oates had asked to shake his hand, and mentioned his brother who had died. He claimed the garda suggested that he follow him up Gallagher’s lane, where the assault took place.
The court was shown CCTV footage of the incident. Medical reports showed the injuries sustained by Mr Geraghty.
Laceration
A consultant at Letterkenny General Hospital treated a 3cm laceration on his left cheek, and cuts to his arms and legs. Garda Oates was treated for a fractured tooth two weeks after the incident.
Witnesses at Gallagher’s Hotel saw Garda Oates using his elbow to hit Mr Geraghty in the face.The court had earlier heard that Garda Oates had served with An Garda Síochána for nine years.
He had received two commendations for his service. He saved a woman’s life when she jumped into the river Swilly by diving in after her. On New Year’s Eve 2012, Garda Oates observed a sexual assault on CCTV, and was instrumental in stopping the crime, the court had been told.
Garda Oates’s fundraising efforts were detailed in court yesterday. He had raised €60,000 for repair of the roof of St Eunan’s Cathedral. He also volunteered with MS Ireland and raised money for Donegal Hospice and other charities
Damian Crawford, counsel for Garda Oates, said his client could lose his job as a result of the incident.
He said his client deeply regretted responding to alleged taunts from Mr Geraghty.
Garda Oates took to the witness box to offer a public apology to Mr Geraghty.
He had offered €5,000 in compensation to his victim, Mr Crawford told the court. He pleaded for leniency because of Garda Oates’s nine years’ service to the community.
Mr Crawford said Mr Geraghty had previous convictions for taunting off-duty gardaí. He handed in newspaper clippings showing Mr Geraghty’s convictions. One incident had involved two officers and their wives, he said.
Judge Paul Kelly told the court: “This is a most unfortunate case and it’s very troubling when a member of An Garda Síochána administering the law finds himself in court
“Mr Oates has prosecuted many people, possibly not unlike this case, before the court. There was graphic evidence on the CCTV footage and it reflects very poorly that he succumbed to emotion and behaved the way in which he did.
“Quite clearly physical force was taken by Mr Oates. Mr Geraghty suffered a very unpleasant and painful experience.
“A civil claim has been resolved for the ordeal that he underwent.
“Garda Oates is a man with an exemplary record, and involved in two very significant incidents above and beyond the call of duty including the saving of the life of a woman.
“Preventing an experience on another woman is evidence of his commitment and bravery. These are all matters which go to Mr Oates’s credit.
“There has been a very diligent and careful investigation.
“Gardaí must have trust and confidence of the public they serve and incidents like this do damage to the force.
“But it would be a draconian result if he were to lose his job as a garda. It would be a loss to the community and so I am taking the unusual step of not recording a conviction and I will strike out the assault charge.”
Judge Kelly ordered Garda Oates to pay €1,000 to Friends of Letterkenny Hospital.