A Garda sergeant convicted of assault has challenged the Garda Commissioner’s decision to dismiss her.
Sgt Martha McEnery (41) was convicted at Waterford Circuit Court in August 2011 of assaulting 38-year-old Anthony Holness in Waterford in January 2010 contrary to Section 2 of the Non Fatal Offences against the Person Act 1997.
She was sentenced by Judge Leonie Reynolds to four months in prison but that term was suspended for six months on condition she be of good behaviour. As a result of her conviction, the Garda Commissioner has said he intends to dismiss her.
At the High Court yesterday, Mark Harty SC, for Sgt McEnery, argued the commissioner’s decision was irrational and breached natural and constitutional justice.
Permission to bring the challenge was granted on an ex-parte basis by Mr Justice Michael Peart who put a a stay on her dismissal until the case is decided.