Garda Pleads Guilty to Assault During Arrest

The Garda pleaded guilty to assaulting a woman and using excessive force while arresting her in the city of Waterford two years ago.

Garda Keith Ryan of Waterford Garda Station was charged with a single count of section two assault against Martina McGrath of the District Court.

The case was taken up by the Garda Ombudsman, or Gsoc, however the Garda can avoid a conviction as the judge took into account a number of factors, including his “deep regret” for the assault.

Garda Ryan, who has been a member of the force for 12 years, has been suspended from the force since the incident in October 2018. The charge was demoted from the most serious Section 3 assault that caused damage to a Section 2 assault charge. .

Apartment incident

The 36-year-old was part of a group of Gardaí responding to an incident in an apartment block in the city of Waterford. State Attorney Frank Hutchinson, the prosecutor, told the court that the incident took place around 8 a.m. on Sunday, October 14, 2018 outside the apartments on Anne Street in Waterford. Garda Ryan and two Garda colleagues had been responding after receiving a complaint from the occupant of Penrose Court, where Ms. McGrath had been visiting.

The tenant had said McGrath would not leave and became “volatile” when the Gardaí arrived, began to “fight back” and refused to leave the apartment complex, defense attorney Eoin Lawlor said.

Gsoc investigating officer John Clerkin confirmed the details as presented by Garda Ryan’s legal team.

McGrath cursed Garda Ryan, saying, “Fuck you,” and spat at him, Lawlor said. He put Ms. McGrath’s head on the ground and then held her against the patrol car while arresting her. However, the other Gardaí reported that they did not see Ms McGrath spit, but rather saw her take a “sharp step” towards him.

Lawlor said that placing Ms. McGrath’s head on the ground was a tactic to prevent her from spitting on Garda Ryan, and that, after she was arrested and placed on patrol, she tried to kick Garda Ryan in the head while he drove. Car.

The court heard that Ms. McGrath has not worked since the incident, however, Mr. Lawlor said that as the woman is currently in custody for another crime, she is unable to seek work.

Deep regret

In her statement on the impact of the victim, Martina McGrath, who spoke to the court through a video link while in custody, said that she was still suffering from the effects of the incident, is afraid of Gardaí and does not feel she can come. to them for help.

Lawlor said his client knew he was “below the standard set by An Garda Síochána” and apologized to the court and said that Garda Ryan feels “deep regret” over the incident.

Garda Ryan has no prior convictions and has never before been the subject of a disciplinary hearing. His lawyer appealed to Judge Cheatle not to condemn the Garda and give him another chance, which the judge accepted.

Considering Garda Ryan’s remorse and his opening statement, the judge said he would not treat the guard differently from other defendants who have no prior convictions. “I see no reason why Garda Ryan would not receive the same benefit,” added Judge Cheatle.

He returned the case so a probation report could be made on Garda Ryan, and the case will return on May 17, 2021.