A solicitor was held in contempt of court and taken into custody yesterday after he strongly objected to the handling of an assault case against two off-duty gardaí at Kenmare District Court.
The case against the gardaí, arising out of alleged incidents in a bar in Kenmare in April 2003, was dismissed by Judge Humphrey Kelleher.
Both gardaí - Garda Paul Aherne, of Berryfield, Classes Lake, Ovens, Co Cork, and Garda Pierce Ferriter, 13 Berryfield, Classes Lake, Ovens, Co Cork - were off-duty at the time of the alleged assaults. They contested the case.
Prosecutions for an affray involving a number of parties were withdrawn by the State at the outset of the hearing.
Evidence was given of a woman being struck on the head by a drinks can inside the pub, The Square Pint, Kenmare, in the early hours of April 23rd.
The court also heard details of an incident at the door of the pub later in the night and of an on-duty garda, who had been parked across the street, intervening to restore order.
After the assault case against the two men was dismissed, Mr Ray Hennessy, of Bantry, solicitor for Mr Kevin Wharton, who alleged he had been assaulted by the off-duty gardaí, told Judge Kelleher he wished to register "the strongest possible objection" to the way the case was dealt with in court "by everybody".
"This case has not been processed properly," Mr Hennessy said, rising to his feet.
Judge Kelleher warned Mr Hennessy he would have to hold him in contempt and he would incarcerate him.
Mr Hennessy said the judge was "welcome" to so do. He persisted with his objections.
Asked by Judge Kelleher whether he meant that the court and he, as judge, had behaved inappropriately, Mr Hennessy said, "everyone involved has not dealt with this case properly".
He added: "What I have witnessed here this morning is nothing short of a disgrace. Justice has not been administered."
Judge Kelleher said he was holding Mr Hennessy in contempt, and ordered that he be taken into Garda custody. He remained under Garda supervision until he paid a fine of €5.
After hearing the prosecution's case, presented by Mr Aidan Judge, State solicitor, and after hearing an application by counsel for the accused, Mr John O'Sullivan, that "no case had been made out", Judge Kelleher said he was dismissing the case against Garda Aherne for allegedly assaulting Mr Wharton and Ms Kelly Oliver on April 23rd, 2003.
He also dismissed the case against Garda Ferriter for an alleged assault against Mr Wharton on the same date.
In his evidence Mr Wharton told the court he saw a can of Red Bull strike Ms Oliver on the left side of her head. Ms Oliver said she had been speaking to Mr Wharton in the pub. A drink was spilled on her leg and she noted a gentleman at the end of the table holding a glass and pointing towards her. She continued her conversation with Mr Wharton.
Two minutes later, "an object hit the left side of my head behind my ear, very hard ... The can of Red Bull came from the direction of the man who spilled the drink on me."
A witness for the prosecution, Ms Pamela Barker, said she saw "the accused" (Garda Aherne) throwing the can.
Garda Donal O'Neill, on duty in Kenmare on the night, gave evidence of breaking up an incident at the door of the pub between three individuals - Mr Kevin Wharton, Mr Michael Wharton and a man he later found out was Garda Ferriter. Garda Ferriter was being kicked on the ground. Garda O'Neill restored order and got medical attention for him.
Mr O'Sullivan said the case against Mr Aherne had not been established to a prima facie level.
In dismissing the case Judge Kelleher said he was satisfied Garda O'Neill had "done everything possible" to break up the affray and had been sensible in his conduct and approach.
Afterwards Garda O'Neill's solicitor, Mr Pádraig O'Connell, said his client was facing an internal Garda inquiry for his handling of the investigation. "I very much welcome the comments of Judge Kelleher," he said.