Courts

Former probationer garda spared conviction for falsifying witness statement

Judge cites need to balance interests of law and justice as he strikes out charge against Dearbhla Gilhooley (32) from Navan

Solicitor Damien Coffey told Judge Cormac Dunne that at the time of the offence his client was a probationer garda of 'relatively limited experience'. Photograph: Alan Betson
Solicitor Damien Coffey told Judge Cormac Dunne that at the time of the offence his client was a probationer garda of 'relatively limited experience'. Photograph: Alan Betson
Paul Murphy
Tue Mar 26 2024 - 19:21

A former probationer garda has avoided a conviction despite pleading guilty to falsifying a witness statement in a case of alleged assault.

Dearbhla Gilhooley (32), of Athlumney Castle, Navan, Co Meath, was charged that between March 6th and April 10th, 2022 she made a false statement claiming that a named person had withdrawn their complaint of assault when they had not. She pleaded guilty through her solicitor Damien Coffey.

Sgt Peter Clarke told the Trim District Court that Ms Gilhooley was called to the scene of an alleged assault involving two neighbours. She took an oral statement from the alleged victim but delayed processing the complaint and eventually found the case had become statute barred.

He said she then went to see the alleged victim at her home and got her to sign a blank C8 form, a pre-printed document for witness statements.

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Ms Gilhooley then went back to Navan Garda station and typed in a false statement to the effect that the alleged victim was withdrawing her complaint when, in fact, she had not done so.

There was no connection between the garda and the alleged perpetrator of the assault, the court heard.

Mr Coffey told Judge Cormac Dunne that at the time of the offence his client was a probationer garda of “relatively limited experience”.

He said she worked in a station which at the time was “overworked and under-resourced” but also in an atmosphere where there was “zero tolerance” of the type of behaviour described in court.

“She made a grave error of judgment,” Mr Coffey said, adding that it was a very regrettable situation and Gilhooley had resigned from the force.

Mr Coffey said his client co-operated fully with the investigation and admitted what she had done. She has since entered third-level education and hopes to take up employment, he added.

Judge Dunne said that Gilhooley had in an atmosphere of zero tolerance, aggravated by the fact of her probationary status, felt compelled through fear and anxiety to commit to a certain course of action.

He said there was a clear public interest in maintaining the integrity of An Garda Síochána as a public institution and that the integrity of each individual garda should be beyond reproach.

However, he said judges sometimes had to be “trapeze artists” in balancing the interests of the law but also the interests of justice. He struck out the charge against Ms Gilhooley and ordered her to make a donation of €1,000 to the Meath Women’s Refuge.