THE PRISON authorities have been criticised by Judge Cyril Kelly for allowing day releases to a Cork man jailed for his role in an attack which left Garda James Grogan disabled due to brain damage.
Judge Kelly said that when he set a review date for Finbarr Hill's three year sentence he did so to defeat the "revolving door" syndrome. If a review date had not been set down, the situation would be different.
"The prison authorities have no power to release people whose cases have to be reviewed by the court. Their action flies in the face of the court's view and flouts it", he said in Dublin Circuit Criminal Court.
Judge Kelly also strongly criticised what he called a "small section" of the residents in the Togher area, where the attack occurred, for their attitude to gardai. The only two civilian witnesses in the case had refused to give evidence, according to the statements they made to gardai.
The judge said that the prosecution had been hampered evidentially by the refusal to give evidence. There had been calls for higher sentences, but the maximum allowed for the charges was five years. The court could not ignore that.
I have no doubt that the majority of the people in the Togher area are decent, law abiding citizens, but a small section have besmirched the rest of the community", he added.
Hill (23), of Owenabue Close Cork, was jailed in July, 1994 after he pleaded guilty to assaulting Garda Grogan, occasioning him actual bodily harm, on July 9th, 1992, in the Togher area. Hill was one of six men charged in connection with the assault.
Judge Kelly suspended the balance of the two year sentence on condition that Hill stay out of Cork at least until next October and that he reside and work in Clonmel. He is also to remain under probation supervision until October, when his original sentence would have ended.
The judge had directed that the case against Hill be reviewed at this time and made his comments when told by Mr Gregory Murphy SC, defending, that his client had been allowed out on day releases by the authorities since his sentence began.
Mr Murphy told the court that Hill had work available to him in Clonmel and said his family was doing well. The probation report also indicated that Hill would do well when away from the Togher area.
Judge Kelly said that, while Hill's family was doing well, he wondered if the same could be said about Garda Grogan's family. Even though he had received compensation, the amount would never compensate the victim's wife for the burden imposed on her, or his children, who were denied the normal company of their father.
At the original hearing, Supt Michael Brambury told Judge Kelly that it was his opinion that Garda Grogan would not work as an active member of the Garda Siochana again.
In evidence at that time Garda Grogan said that he was still weak down his left side and had difficulty walking any distance. He had also developed epilepsy.
Garda Grogan had been one of a number of gardai who went to the Togher area after about 20 youths threw missiles at an unmarked patrol car. Minutes after pursuing a suspect on foot he was found in a distressed, semi conscious state with blood covering his face.
Dr Charles Marks, of Cork Regional Hospital, said that Garda Grogan suffered an extensive skull fracture from a blow with a lump of concrete.