Garda guilty of assaulting social worker avoids criminal conviction

A Dublin-based detective garda who attacked and repeatedly punched a social care worker in the face on a night out in Dublin four-and-a-half years ago has avoided a criminal conviction.

Robert Hennessy was found guilty of assaulting the abuse campaigner Michael Finnegan in Café en Seine on Dawson Street in Dublin on 11 December 2019.

The detective garda, who is attached to a surveillance unit, denied the charge but was found guilty in the Dublin District Court last November following a Garda Ombudsman Commission (GSOC) investigation.

The court heard the garda "lost it" and carried out an unprovoked attack on a man taking pictures of him and his colleagues socialising in the bar.

Mr Finnegan had finished his first exams at Trinity College and went for a drink in Café en Seine.

He said he was taking selfie pictures on his phone when he saw two attractive women in their 30s and "made an attempt to chat them up".

He did not know their occupation but said the accused came over and identified himself as a garda.

Mr Finnegan alleged the accused chatted to him but was "under the influence" and very aggressive and that he was punched by him several times. It left him in pain and dizzy, with blood coming out of his mouth and a split lip.

Garda Hennessy did not testify during the trial, but in his statement to GSOC, he claimed he was stressed and feared Mr Finnegan would "out" him and his colleagues.

The detective subsequently wrote a letter of apology to Mr Finnegan and the court heard the care worker did not want the garda to lose his job.

Judge John Hughes imposed a conditional discharge on condition the detective pays €5,000 to Mr Finnegan by 1 October, does not reoffend in the next three years, and has no contact with the victim.

He ordered that over the next three years, Garda Hennessy must attend appointments with the Probation Service every six months and attend any courses the service thinks appropriate for those convicted of assault.

The detective, who has a 23-year unblemished record in An Garda Síochána, has avoided jail and a criminal record.

Judge Hughes said there was no justification for the garda's actions and that it was an unprovoked attack.

However, he noted his remorse, the mitigating information and the potential impact on his family.