Woman’s claim of sexual assault by garda dismissed

The High Court has dismissed as “devoid of any foundation in fact” a woman’s claim she was sexually assaulted by a garda in his patrol car 13 years ago.

Mr Justice Iarfhlaith O’Neill said he found retired Garda Thomas Noonan’s evidence reliable and credible, whereas his accuser, Antoinette Canty, 33, was so “incoherently drunk” that she had no capacity for cognitive functioning on the night of the alleged incident.

The judge was satisfied she got a lift from a man in a dark car and something frightening had happened to her, but it was not by Mr Noonan, who was in his white, marked patrol car.

Ms Canty, a hairdresser from Causeway, Tralee, Co Kerry, claimed that Mr Noonan gave her a lift and later locked her in the car before putting his hand on her thigh and shoulder before she managed to kick him off and get out near Listowel, Co Kerry, on the night of March 16/17, 2001. She sued Mr Noonan and the Minister for Justice for sexual assault and false imprisonment.

Both denied the claims, with Mr Noonan, 60, saying it never happened, while the minister’s lawyers argued he was not liable including because there was a breach of regulations against carrying civilians in patrol cars.

Yesterday, Mr Justice O’Neill, in also awarding Mr Noonan his legal costs against both Ms Canty and the minister, said he could see no basis for Mr Noonan being “abandoned by the State” and had to represent himself despite having qualified for legal aid.

Dismissing Ms Canty’s case, the judge said she was 21 years of age and had consumed some 10 pints of beer and three sambuca shots on the night and he could not but conclude as to the adverse effects of this on anybody. The judge said that although she had told her sister and investigating gardaí that she had been attacked by a garda, when she visited her own GP, she said she could not remember what had happened.

He was satisfied her story of that night was “wholly reconstructed or reimagined” possibly contributed to by those close to her.