Charges of assault against a detective garda were dismissed yesterday after the judge said the State had not proved the case beyond a reasonable doubt. Det Garda John Considine, of Eldergrove, Trim, had pleaded not guilty to the charge of assault occasioning actual bodily harm on Mr Sean McGovern at Eldergrove, Trim, on September 16th last year.
At a special sitting of Trim District Court Mr McGovern, of Fosterfields, Athboy, said he had been walking from his girlfriend's house in the Eldergrove estate towards Trim at 1 a.m. when a young man ran across in front of him. Mr McGovern continued walking and heard steps pounding up behind him. He said he was struck on the back of the head and fell over a fence.
He said he was repeatedly hit on the legs and arms with what he felt sure was a baton. He had never seen the man before. The man then dragged him to his house and said he was responsible for a plant pot that had been knocked over. He was taken to Trim Garda station where he told the gardai he was on his way to get his car which was parked near Trim Courthouse. He says the gardai then backed off, gave him a drink of water and dropped him home.
The following day a doctor referred him to Our Lady's Hospital in Navan, where he was given a surgical collar to wear.
Cross-examined by Mr Kevin Seagrave he said he and his girlfriend had been in a number of licensed premises during the day, had gone for a meal at 8 p.m. He had five to six pints to drink. Mr Seagrave said Garda evidence would be that no complaint was ever made about an assault to the gardai when they arrived at the house, Mr McGovern had been drunk and refused to get into the patrol car.
Det Garda Considine told the court he was going to bed at 1.30 a.m. when he heard a noise downstairs. He looked out a win- dow and said he saw a man put a shrub from his garden onto the roof of his car. He left the house in his bare feet and went down the street after the man.
He said he took his identification card from his back pocket and produced it to Mr McGovern and arrested him for criminal damage. He [Mr McGovern] pulled away from him and fell backwards over a fence. At all times he resisted arrest and said the garda was not arresting him, Garda Considine said.
Judge John Brophy said he was satisfied no assault took place on Mr McGovern while in custody in the Garda station. He had not made a formal complaint on the night when there had been every opportunity to do so.
He had been unco-operative and resisted arrest. With regard to his injuries, the judge said they could be consistent with him making attempts to break loose from the defendant's grip. He said the court had to weigh up the evidence of three sober gardai and Mr McGovern and he was not satisfied the State had proved its case beyond a reasonable doubt. He dismissed the charge.