A GARDA has been convicted of assault and a second officer convicted of attempting to pervert the course of justice following an investigation by the Garda Síochána Ombudsman Commission into the arrest of a man in Waterford last year.
Garda Daniel Hickey of Waterford Garda station was convicted yesterday by a jury at Waterford Circuit Criminal Court of assault causing harm to Anthony Holness (38) at New Street in Waterford on January 29th, 2010.
Garda John Burke was convicted of separate charges of acting with intent to impede the apprehension or prosecution of another and acting in a manner tending and intended to pervert the course of justice by diverting CCTV cameras from the assault.
Another officer, Sgt Alan Kissane, was cleared by the jury of assault causing harm to Mr Holness while the case against Sgt Martha McEnery has been adjourned until Monday after the jury asked for more time to consider the assault charge against her.
The jury of five men and seven women took just over an hour to reach their verdicts on the three gardaí yesterday evening. Judge Leonie Reynolds completed her charge to the jury after it had repeatedly asked to see Garda CCTV footage of the incident with gardaí and Mr Holness on New Street. The jury, which had twice seen the CCTV footage during the trial, asked to see it four times yesterday.
Both Garda Hickey and Garda Burke were remanded on bail to appear again at the Circuit Criminal Court in November and both were ordered to sign on once a week at their local Garda stations and surrender their passports.
The convictions are the first convictions by a jury in a case brought by the Garda Síochána Ombudsman Commission.