2 gardaí face probe in pepper spray case

The Garda Representative Association has hired a well-known solicitor to represent two gardaí who face internal disciplinary proceedings by the force’s watchdog, even though they were cleared of any wrongdoing when they used pepper spray to subdue a violent teenager.

The Irish Examiner has also learnt that a number of frontline members of the force would hand back their pepper spray if the two Cork-based gardaí are disciplined in any way as a result of the action being taken by the Garda Siochána Ombudsman Commission.

The commission made the move after a court dismissed a case against Gardaí Fiona Sheehan and Brendan Dowling for using pepper spray against the 16-year-old ringleader of “a violent and sustained attack” by a gang of youths on Paul St Shopping Centre in Cork City on May 12, 2012.

The court heard that the teenager’s own mother described him as “an absolute gurrier of the highest order,” and the presiding judge Olann Kelleher said there was no evidence the gardaí used the pepper spray in any manner not in accordance with the law.

He also described CCTV footage of the attack as “frightening” and said the gardaí had demonstrated extraordinary restraint in how they dealt with the youth that night.

“Nobody should underestimate the difficulties faced by gardaí on the streets of Cork,” the judge added.

The two gardaí were left with costs totalling €14,000 after the case, and it prompted retired Judge Michael Pattwell to say there was an onus on the State to reimburse them. He also said the case should never have gone to court.

“The GRA has hired Frank Buttimer and we will pay for his services if required. But I will be looking for reimbursement from the State because this (GSOC action) shouldn’t be occurring,” GRA central executive committee member Michael Corcoran said.

He added there was “a feeling of absolute disgust” among frontline gardaí in relation to how their two colleagues were being treated and described the move by GSOC as amounting to “double jeopardy”.

All frontline gardaí were equipped with pepper spray five years ago. It was seen as an effective tool to subdue violent people and wouldn’t cause anywhere near the same harm as the use of a truncheon.

However, Garda Corcoran said he had received many calls from around the country from members of the force who wanted to hand their pepper spray back.

“A number of them are talking about that. There is serious support for that now. It’s not something we (senior GRA officials) suggested. It came from the grassroots upwards. It’s coming from all over the country.”