Garda loses assault conviction appeal

Written By Unknown on Senin, 15 Oktober 2012 | 22.40

Martha McEnery was given a four month suspended sentence last year after she was convicted of assault during the arrest of 38-year-old Anthony Holness in Waterford in January 2010.

She was convicted along with two other gardaí - Daniel Hickey and John Burke - who were jailed for 18 months and 12 months respectively.

The court is also hearing an appeal by Mr Burke, who was convicted of intending to pervert the course of justice by moving cameras in the garda control room while the incident was taking place.

Rejecting Ms McEnery's appeal, Mr Justice Adrian Hardiman said the court could not find her conviction was either unsafe or unsatisfactory.

He rejected the grounds of appeal put forward that the jury should have been directed on whether or not the arrest of Mr Holness was lawful.

Justice Hardiman said the trial judge was correct to leave that for the jury to decide. He said gardaí were given considerably more powers than members of the public but the law applied to them exactly as it applied to all other citizens.

It had been submitted that if an arrest was lawful there could not be an assault. Justice Hardiman said it was not the case that a garda who has made an arrest was entitled to use a particular degree of force without lawful excuse.

The trial judge had dealt with admirable fairness to both sides, he said, adding that the jury had dealt with case with the maximum of discretion.

The Court of Criminal Appeal is continuing to hear the appeal of John Burke.


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