Judge critical of investigation into assault

A Judge criticised Garda investigating procedures into an assault after it emerged that two of the parties were sons of a Limerick…

A Judge criticised Garda investigating procedures into an assault after it emerged that two of the parties were sons of a Limerick detective garda.

Judge Sean O'Leary told Ennis Circuit Court: "I am extremely disappointed that the normal course of events wasn't followed where allegations of a serious nature were made and they haven't been charged with appropriate offences.

"We have a situation where three people claim that assaults were committed by other parties, and no investigation appears to have been made."

Judge O'Leary made his comments after a circus performer, Shane Europa (23), of Cherrywood Grove, Clondalkin, Co Dublin, pleaded guilty to assaulting Mr Darragh McDonagh, of Annacotty, Co Limerick, in Kilkee last July 29th.

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Garda Darragh Molloy, of Kilrush Garda station, said Mr McDonagh had a portion of his nose missing and his brother, Brian, had a cut over his right eye when he found them at 2.20 a.m. on July 29th in Kilkee.

Europa admitted the assault to Garda Molloy on July 30th.

Europa said the brothers were "quite drunk" and were shouting and swearing. Pushing and shoving began and blows were exchanged, and eventually Europa bit Mr Darragh McDonagh's nose.

When Judge O'Leary asked Garda Molloy what Mr Darragh McDonagh's father did, Garda Molloy replied that he was a detective garda in Limerick. Judge O'Leary asked if that had anything to do with Mr McDonagh not being charged.

Garda Molloy replied: "No, to the best of my professional ability, having studied all the statements, I made a recommendation to the superintendent at Kilrush Garda station, which he agreed with, that Shane Europa should be the only one to be charged."

The judge replied: "In my view there are not two classes of people in this world, and I won't allow such a situation to be created.

"Irrespective of that, Shane Europa behaved totally over the top. It is inexcusable. You cannot go around biting people."

The judge, after viewing photographs of Mr McDonagh's injuries, said he would adjourn the matter until July.