Garda Superintendent cleared of assault, but charged with public order offence
Sentencing was adjourned until October 8 for the judge to consider the ramifications of applying the Probation Act. Judge Hughes also asked prosecuting counsel John Griffin to provide clarity on that issue and how it would impact Garda vetting. File picture: Derick Hudson
A Garda Superintendent has been cleared of assaulting a bar manager and racially abusing a bouncer at a popular Dublin bar, but found guilty of a lesser public order offence.
Gavin O'Reilly, 41, from Cavan, whose address on his summons is Phoenix Park, denied assaulting the Penny Lane manager Emma Parks, under section 2 of the Non-Fatal Offences Against the Person Act, and engaging in threatening, abusive, and insulting behaviour on the same occasion.
The three-day non-jury trial at Dublin District Court stemmed from events at Strand Street Great, while off duty and socialising at the popular gay bar, the Penny Lane, in the city centre, on the night of August 26, 2023.
It concluded on Thursday evening with Judge John Hughes finding that complainant Emma Parks and bouncer Marcos Peter Inacio were not credible witnesses.
He noted their evidence was contradicted at several points by CCTV footage, the recording of her 999 call, which the judge described as "window dressing", and their accounts in the trial.
Footage showed she pushed Mr O'Reilly when he had returned to the venue to complain after he and two friends were asked to leave for being too noisy and drunk.
The judge did not accept racial abuse evidence or that the breach of the peace extended to events outside the bar where Mr O'Reilly was confronted and pushed by Ms Parks and restrained by doormen.
He emphasised the conviction on the section 6 Public Order Act offence, which carries a three-month sentence, was limited to when he returned to the bar and spoke to Ms Parks, was annoyed, pointing his fingers aggressively while he was very close to her, which could have led to her pushing him on the chest afterwards.
Sentencing was adjourned until October 8 for the judge to consider the ramifications of applying the Probation Act. Judge Hughes also asked prosecuting counsel John Griffin to provide clarity on that issue and how it would impact Garda vetting.
Garnet Orange SC, defending, said that using that provision, typically regarded as leaving an accused without a criminal record, could still have an effect on his client's unblemished 21-year career and be considered as a black mark in his profession.
Mr Orange, in mitigation, stressed that the offence was at the lowest possible level of culpability, and added that his client was willing to make a substantial charitable donation in the hope of having the case struck out instead.
The senior garda promoted to superintendent three years ago did not address the court or testify during the contested hearing.
Bouncer Osmar Fontes initially claimed to have heard the racial abuse of his colleague. Under cross-examination, he conceded that he did not hear those words said.
The doorman also said Ms Parks had placed her phone very close to his face before he reacted and swiped it out of her hand, an act which led to the now dismissed assault charge, which was punishable by a six-month sentence.
