Gardaí jailed for Waterford assault

Two gardaí have received jail sentences for their role in the assault of a man in Waterford last year

Two gardaí have received jail sentences for their role in the assault of a man in Waterford last year. A third garda received a suspended sentence.

Daniel Hickey was sentenced to three years in jail with 18 months suspended for assault causing harm to Anthony Holness in Waterford on January 29th, 2010.

John Burke received a two year sentence with12 months suspended for attempting to pervert the course of justice by deliberately diverting CCTV cameras away from his colleagues as they went to arrest Mr Holness for a public order offence.

Garda Sgt Martha McEnery received a four month suspended sentence.

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At their trial in August, the court heard that Mr Holness was caught short after drinking seven to eight pints on a night out in Waterford. He stopped to urinate on New Street in the city where he was spotted by Garda Hickey who was on patrol with student Garda Áine Mullins.

Mr Holness told the court he was blinded as a result of being pepper-sprayed, incapacitated and subdued as he was being arrested.

Garda Hickey and Sgt McEnery contradicted this and contended that Mr Holness was flailing around while he was on the ground and refused to make his hand available so that he could be handcuffed.

The jury were shown CCTV footage of Mr Holness being challenged by Garda Hickey and an altercation arising with Mr Holness taking off his jacket and swinging it at Garda Hickey before the officer appeared to punch him a number of times and brought him to the ground with a headlock.