A garda has been sentenced to 200 hours community service for attacking a drunk man in a Santa hat during an arrest in Dublin city centre.
Donal O’Neill (31), who has been based at Pearse Street Garda station in Dublin since 2006, denied assaulting Tim Dowling (29) at Pearse Street in the early hours of December 16th, 2012 but was found guilty following his trial last June.
The case at Dublin District Court was adjourned until Monday for a pre-sentence probation report to be obtained.
Judge Ann Ryan had viewed CCTV footage of the 12-second incident showing Mr Dowling, who was wearing a Santa hat, being shouldered and brought to the ground and kicked. The prosecution argued excessive force had been used by the garda when he dealt with Mr Dowling.
Defence counsel Karl Moran asked the judge not to record a criminal conviction against the father-of-two, adding that it could jeopardise his Garda career.
He asked the court to note the positive probation report, O’Neill’s charity work and evidence from Superintendent Joseph Gannon who said O’Neill performed his duty in an acceptable and competent manner.
Counsel said it came down to a judgment call as to whether his actions were appropriate but the court had found they were not.
Mr Moran told the court O’Neill accepted the court’s finding and he asked the judge to note he was at a low risk of re-offending and had a family to support.
O’Neill has been “confined to barrack duties” since the case was referred to the Garda Siochana Ombudsman Commission (GSOC) for investigation, the court heard.
Judge Ryan said O’Neill, as a garda, had a duty of care to the public which was paramount. She said he was “not an ordinary defendant” as he held “a position of power” and he “had a duty of care that helps hold the framework of society together”.
“If the public cannot have satisfaction of knowing the public can trust you to behave in a manner appropriate, then the system of law and order breaks down,” she said.
She held that it would not be appropriate to leave him without a conviction but said she would not impose a jail sentence.
Judge Ryan convicted him and ordered him to carry out 200 hours of community service or face a five-month sentence in default.
During the trial in June, the court heard gardaí had already been aware of other incidents involving Mr Dowling, and officers approached him as he was leaning against a car outside Pearse Street Garda station.
Prosecution counsel Sinead McMullan argued excessive force was used on a clearly inebriated person who was staggering, wearing a Santa hat, and did not know where he was while trying to get home.
The court heard Mr Dowling had been intoxicated and had already come to notice of gardaí from Pearse Street station. A hostel employee told Judge Ryan the man tried to gain entry but said he was not aggressive and described him as confused.
The court heard that later in the night Mr Dowling tried to get into a Garda van. Another garda encountered him later on and described him as “belligerent”.
Ms McMullan argued the man was gratuitously assaulted, the force used was not proportionate and was “unreasonable in the extreme”. She argued that the man had not been doing any damage to the car on which he was leaning.
Mr Dowling gave a statement to GSOC that he did not recall the incident but could identify himself on CCTV footage. He had no physical injuries but went to GSOC because he wanted the incident to be independently investigated.
In evidence, O’Neill told the court the man would not take his hands out of his pockets and he feared he had a weapon. He swept Mr Dowling to the ground and kicked his arms to get him to take his hands out of his pocket.
He denied, when it was put to him by Ms McMullan, that he had knelt on the man’s back or kicked his body with his Garda-issued steel-tipped shoes. He rejected suggestions that Mr Dowling’s hands were out of his pockets before or when he went down to the ground.