A JUDGE ruled yesterday there was insufficient evidence to convict a Dublin-based garda of assaulting two nightclub door staff in Galway.
The two-day hearing had been told that a group of 15 gardaí from Dublin arrived in Galway for a Christmas party, and were given free admission to the club when they said they were gardaí.
Garda Stephen Moore (32), from Clontarf, Dublin, who is stationed at Pearse Street station, was prosecuted by the DPP following an investigation into the matter by the Garda Ombudsman.
He denied assaulting door worker Andrea Flood at Karma nightclub in Ball Alley Lane on December 5th, 2009, at a special sitting of Galway District Court. He also denied assaulting her colleague, Aidan Shortall, and breaching the peace.
Judge Mary Fahy said the evidence was all very confusing and the State had not proven its case beyond a reasonable doubt.
Judge Fahy had refused an application by defence solicitor Thomas Murphy on Wednesday – when the prosecution case closed – to have the case dismissed, stating at the time she felt the accused did have a case to answer.
Summing up yesterday, however, Judge Fahy said: “I have listened to all of the evidence of the witnesses and it’s confusing. I have a doubt. Serious complaints of assault were made and then withdrawn. There is nothing of evidential value in the CCTV footage shown . The State has not proven its case beyond a reasonable doubt and I’m dismissing all of the charges.”
The door staff said Mr Moore was warned three times to stop lifting people up on the dance floor before he was placed in arm locks and frog-marched off the floor by door men Mr Shortall and Damien O’Boyle.
It was alleged Mr Moore broke free from Mr Shortall, turned around and punched him in the face. It was also alleged he struck Ms Flood twice in the mouth during the ensuing melee.
Mr Moore denied he had assaulted anyone. He said the door men had assaulted him and he had suffered extreme pain while being held in a very tight arm lock.
Four of Mr Moore’s colleagues gave evidence supporting his version of events.