A female garda who had been called a “c**t, a whore and a pig” faced conviction for use of a pepper spray on a handcuffed teenager who had to be subdued.
The prosecution arose out of an incident at Paul Street shopping centre in Cork city on May 12th 2012. A 16 year old youth had, with others, been involved in a violent incident and he had kicked in a glass panel on one of the doors.
Garda Brendan Dowling and Garda Fiona Sheehan, both of Anglesea Garda Station, pursued the youth through Cork city centre before subduing him and putting handcuffs on him. They then placed him in a patrol car where he proceeded to head butt the window of the patrol car several times and used foul and abusive language directed at Garda Sheehan.
The youth was taken from the patrol car and put sitting on the ground. Garda Dowling, the senior garda, directed Garda Sheehan to use of the pepper spray to subdue the youth.
Following an investigation by the Garda Ombudsman both gardai were charged with assault causing harm to the youth.
During the course of cross examination of the youth the State Solicitor for Cork City informed the Judge that the DPP directed that the charges be withdrawn against both gardai.
Garda Dowling, who had been suspended for the day of the trial, spoke in a private capacity of the use of pepperspray “to help incapacitate someone who was at risk to themselves and to others”
“I believe this case was sending out entirely the wrong message – if we had been convicted for using equipment issued to us to help incapacitate someone who was at risk to themselves and to others, it would have had serious implications for every guard trying to do their job.
We were charged with a Section 3 assault which carries a jail term and I know of one colleague who said if we were convicted, he would have handed back his pepperspray immediately – why would anyone respond to a situation if they felt they could face prosecution for doing their job.
And it’s not just gardaí that this case could have had affected – ultimately the biggest loser in all of this would have been the public we serve in that if we had been convicted, then gardaí would have been reluctant to answer the call if they thought they might end up in court.”