THE BROTHER of a former garda, who was released after his jail term for assault was overturned, has been fined in court for his involvement in the same altercation.
Travis Foley (27), a father of one, Blarney, Co Cork, pleaded guilty to assaulting Stephen Murphy, Grenagh, Co Cork, at Grand Parade, Cork city, on September 12th, 2009.
The altercation took place after Mr Murphy described Foley’s brightly coloured top as a “gay T-shirt”.
Judge Seán Ó Donnabháin at Cork Circuit Court heard yesterday that Foley had pushed Mr Murphy over twice during the incident, although his actions did not cause him physical harm.
The row took place at an ATM on Grand Parade and Foley had asked Mr Murphy to go away.
John Devlin, defending, said Foley had contributed €13,500 to a “substantial” sum offered as compensation to Mr Murphy on behalf of Travis Foley and his brother, Dean Foley, a garda.
“He is a man of previous good character with a working history and has been gainfully employed all his life,” Mr Devlin told the court.
“He is concerned about the renewal of his contract at Apple Computers and at the moment needs to provide for his partner and young child.”
Judge Ó Donnabháin said the contest between the two men was unequal because Mr Murphy had been drinking.
“On the night in question you pushed this man twice in what was a very unequal contest.
“One gentleman had some drink on board and you pushed him on two separate occasions,” the judge said.
He fined Foley €500 and gave him three months to pay.
Dean Foley has been suspended from An Garda Síochána following his involvement in the assault.
Mr Murphy, who was 29 at the time, suffered a broken nose, facial fractures, broken teeth and bleeding to the brain after the fight.
He has no recollection of the assault, after which he was left unconscious on a city pavement.
Dean Foley was sentenced to six months in jail on May 26th last but the sentence was dramatically overturned the following day.