A community garda has been given a one-month suspended sentence for assaulting a schoolteacher in the 2002 May Day Reclaim the Streets demonstration in Dublin city centre.
Garda Paul Daly (26), a father of one, was found guilty by an 11-1 majority at Dublin Circuit Criminal Court on November 6th of assault on Mr Emmet Bunting (28), Collins Avenue, Dublin, on May 6th, 2002.
The jury acquitted him and his colleague, Garda Fergus Hogan, on charges of assault causing harm to Mr Bunting.
Judge Yvonne Murphy noted that Daly's conviction was for an offence formerly known as common assault and that he was acquitted of the more serious charge against him.
She said she endorsed the hope expressed in evidence by Supt Thomas Conway that Daly would return to his work as a community policeman at which they said he had "an exemplary record".
"Nevertheless, while it has been urged on me that his offence was of a technical nature, the jury has convicted him of using unlawful force," she said.
Judge Murphy also noted that Daly had been involved earlier on the day of the demonstration in what she called "a very frightening incident", where a smoke-bomb had been thrown on top of him when he was attempting to move a car from Burgh Quay.
She accepted the evidence that Daly was both traumatised and shocked by this event but said that, if he had been so upset, his superiors should have excused him from further duty.
The judge said this incident occurred mid-afternoon, whereas the assault on Mr Bunting took place later that evening. Therefore Daly's traumatic state could not be used as justification for the offence.
She further noted that Daly was not under attack from Mr Bunting when he assaulted him, but said in his favour that there was some evidence of riotous behaviour from protesters at the time.
She said she would refuse Daly's offer of €3,000, which she said was not offered as compensation or as a sign of his remorse.
Mr Gerard Clarke SC, defending, had told Judge Murphy on Thursday that his client had €3,000 available, which could be given to charity or used as compensation.
Judge Murphy refused the application by Daly's defence for leave to appeal his conviction on the grounds that the assault charge should not have been put to the jury.
She allowed Daly two counsel and a solicitor to pursue the appeal in another court.
Det Insp Colm Featherstone told Mr Tom O'Connell SC, prosecuting, that Daly was caught on camera hitting Mr Bunting with a baton, after he had fallen to the ground, following a punch from an unidentified garda.
He agreed with Mr O'Connell that there was no evidence to prove that the facial injuries Mr Bunting sustained could be attributed to the baton blows made by Daly.
Mr Clarke had applied to Judge Murphy for the conditional discharge of his client on the grounds that the assault was little more than a technical assault, and that usually such summary offences were dealt with in the district courts.