A former garda who allegedly lifted a married woman's skirt and squeezed her bottom in a Dublin pub four years ago yesterday failed to get a High Court order quashing his dismissal from the force.
Mr Eamon Cahill, of Ballykeeffe, Co Limerick, had claimed that the "vital witness" who gave evidence against him about the incident in the Village Inn, Crumlin, on June 2nd 1996, was a married man (Mr D) who had a "romantic relationship" with the woman (Mrs F).
Mr Cahill claimed that, after his dismissal from the Garda, new evidence emerged from Mrs D, wife of Mr D. At the time she was interviewed, she said she was separated from Mr D, who was living with Mrs F.
Following his dismissal, Mr Cahill secured leave to seek orders challenging his dismissal from the force.
In his reserved judgment yesterday, Mr Justice Murphy said Mr Cahill had maintained that none of the ten prosecution witnesses had given evidence of having seen the skirt-lifting incident. Mr Cahill had submitted there was a romantic relationship between Mrs F and Mr D; that such a relationship probably started at the time of the complaint and that both had been living together for some time past.
Mr Cahill denied having laid a hand on the woman in the pub.
The judge said it did not seem that Mr D was presented as the only independent witness, as there was corroboration from barmen that Mr Cahill had admitted he touched Mrs F "inappropriately".
Mr D had been presented at the inquiry as an acquaintance of Mrs F and it was admitted they were in each other's company. It did not seem that the hearsay evidence of Mrs D as to the relationship could be regarded as a newly discovered fact.
Mr Cahill had not adduced new evidence to justify the orders he was seeking, the judge found. He dismissed the application.