Ex-garda gets suspended sentence

The Court of Criminal Appeal has imposed a six-month suspended sentence on a former garda who assaulted a young student while on duty, after it upheld a bid by the State to have the leniency of his punishment reviewed.

Michael Kiernan (aged 54), with an address care of a firm of solicitors, was given three years' probation by Judge Seán Ó Donnabháin, Cork Circuit Court, after he pleaded guilty to assault causing harm to a 21-year-old UCC student at Hanover Street, Cork, on February 23, 2007.

Counsel for the DPP, Mr Ray Boland BL, argued that the trial judge erred by not imposing a sentence that would have recognised “the seriousness of the offence”.

The assault in question arose after the victim knocked off Mr Kiernan’s garda hat. He was pursued and apprehended by gardaí. When Mr Kiernan arrived on the scene he struck the victim a single punch, rendering him unconscious. He retired from the gardaí seven months later.

The court heard how Mr Kiernan had an exemplary record in the force, with whom he had served for 30 years. The injured party has since received €19,000 in damages from Mr Kiernan.

Counsel for the retired garda, Mr Ronan Munro BL, opposed the application and said the imposition of the Probation Act had not been unduly lenient “considering all the factors”.

Chief Justice John Murray sitting with Mr Justice Peter Charleton and Mr. Justice Daniel O’Keefe held that as Mr Kiernan had been on duty at the time of the assault, being therefore in a position of power, the seriousness of the circumstances “should have been marked” by a suspended sentence.

The CCA allowed the DPP’s application and imposed a six-month suspended sentence, to date back to February 2009.