Allegations against a Garda officer of sexual assault and harassment, made by the wife of a Limerick politician, were dismissed by a judge at Limerick District Court yesterday.
Judge Peter Smithwick gave his judgment after an application for a direction that there was no case to answer made by Mr Brendan Nix, SC for the defence.
Mrs Majella Kelly, the wife of Alderman Michael Kelly, claimed that Insp Jim Browne of Roxboro station made sexual advances towards her by touching her left breast while he interviewed her in the station on August 27th, 2001. She also alleged he harassed her, making up to 25 phone calls to her. The inspector denied the allegations.
The judge referring to a complaint made by Mrs Kelly that her husband beat her, said Insp Browne's telephone calls were made to deal with her complaint. The judge believed she was being coerced into making the complaint and referring to Alderman Kelly said: "People who physically abuse their wives can be manipulative and Insp Browne was professionally correct in speaking to Mrs Kelly.
"Insp Browne did his duty towards Mrs Kelly as any police officer would do. I do not believe Majella Kelly when she said the incident occurred."
The judge said she lied about other matters in the witness box and said her husband only slapped her which was an untruth. When applying for a protection order she said he had beaten her.
"It's plain to me that this is an evil conspiracy of the Kelly family to denigrate the Garda Síochána and particularly Insp Browne who is innocent of the charges against him."
The judge considered that in a taped interview with Sunday World journalist Paul Williams, Mrs Kelly was telling the truth when she praised the inspector. Making an order to acquit, the judge granted costs to the defence against the complainant, these to be agreed. Leave to appeal was refused.
Earlier yesterday Alderman Michael Kelly told the court he believed that during the case his personal reputation, his business dealings and his political reputation had all been called into question.
Prosecuting solicitor Mr John Devane had applied to the court for an adjournment to allow him to bring rebuttal witnesses on the alderman's behalf, which was refused by the judge.
A statement read by solicitor Mr Dan O'Gorman on behalf of Insp Browne after the hearing had concluded said: "It is hard to imagine a graver allegation levelled against anyone than that levelled against Insp Jim Browne. Over the last number of days the court has heard evidence and dismissed the charges. The judge called the prosecution an evil conspiracy.
"The judge's decision is a complete vindication of Insp Browne and the force he serves. Heroes do not only live amidst the skyscrapers of Manhattan, but today Limerick can witness its own hero and be proud."