Garda’s assault charge is struck out

A judge has struck out a case of assault against a garda, saying he would be a loss to the community if he was taken off the force.

Garda Ian Oates admitted assaulting a man on a night out in Co Donegal.

However, the court also heard Garda Oates had been an exemplary garda, had saved a woman from drowning, and stopped a serious sexual assault.

Letterkenny District Court heard Richard Gerrity was assaulted by Garda Oates in Letterkenny at 3am on Sept 1, 2011.

In his statement, Mr Gerrity said Garda Oates was standing with two friends outside Gallagher’s Hotel and called out to him as he walked past.

Mr Gerrity said Garda Oates asked to shake his hand, and mentioned his brother, who had died. He said Garda Oates suggested he follow him up a lane, where the assault occurred. The court was shown CCTV footage of the incident.

Medical reports gave evidence of Mr Gerrity’s injuries. A consultant at Letterkenny General Hospital treated a 3cm laceration on his left cheek and cuts to his arms and legs. Garda Oates was treated for a fractured tooth two weeks after the incident.

Witnesses at Gallagher’s Hotel observed Garda Oates using his elbow to hit Mr Gerrity in the face.

The court heard earlier that Garda Oates had served An Garda Síochána for nine years. He received two commendations for his service. He once saved a woman’s life when she jumped into the River Swilly. On Dec 31, 2012, he was instrumental in stopping a sexual assault after observing the crime on CCTV.

His fundraising efforts were also read into court.