The Garda sergeant convicted yesterday of attempting to pervert the course of justice remains on the force and on full pay.
James Cunningham (43) from Duleek, Co Meath, was given a nine-month suspended sentence yesterday at Dundalk Circuit Criminal Court. A jury found him guilty after hearing how he stopped a doctor on his way to take a sample from a suspected drunk driver in September 1997.
The Garda Commissioner has the power to dismiss the sergeant but yesterday a spokesman for the Commissioner said he would study the judgment with a view to taking disciplinary action or setting up an internal inquiry . Until that decision was made, Cunningham would remain on the force and receive full pay, although he was suspended from duty.
Outside the court yesterday, a man approached members of the media and told a press photographer to "f . . . off" before punching him in the mouth, breaking a tooth.
During the trial, the court heard that Cunningham stopped the doctor, Dr Harpel Gujral, at a roadblock on his way to Dundalk and told him that the man suspected of drunk driving was "very good to the gardai". He instructed the doctor to turn back, turn off his mobile phone and go home.
The man, a local hotelier, Mr Patrick McParland, who lives in Camlough, Co Armagh, was convicted of drink driving last April, fined £150 and disqualified from driving for a year.
Cunningham stopped the doctor a second time after driving after him and told him to ring gardai in Dundalk at 4 a.m. and tell them his car had broken down. However, Dr Gujral spoke to another garda when he returned home and he was driven to the station to take a urine sample.
Cunningham had argued that he was acting on the authorisation of his superior officer, Supt Michael Staunton. Supt Staunton said he had not discussed stopping the doctor.
