A Dublin-based garda detective, who "lost it" and carried out an unprovoked attack on a man taking pictures of him and his colleagues socialising in a bar, has avoided jail and a criminal record.
Robert Hennessy was found guilty of assaulting social care worker and abuse campaigner Michael Finnegan (40), who was repeatedly punched in the face in Café en Seine on Dawson Street, Dublin, on December 11th, 2019.
Judge John Hughes imposed a conditional discharge on condition the officer pays €5,000 to Mr Finnegan by October 1st, does not reoffend in the next three years, and has no contact with Mr Finnegan.
He ordered that over the next three years, he 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 garda, from a unit involved in surveillance work, denied the charge but was convicted by Judge John Hughes at Dublin District Court in November. He was prosecuted following a Garda Ombudsman (Gsoc) investigation.
The officer did not testify, but in his statement to Gsoc, he claimed he was stressed and feared Mr Finnegan would "out" him and his colleagues.
Sentencing had been adjourned for a Probation Service restorative justice report to be furnished. Judge Hughes noted it was positive and stated Hennessy was at a low risk of reoffending.
Defence solicitor Elizabeth Hughes furnished the court with testimonials and outlined commendations her client had received in his 23-year unblemished career in An Garda Síochána.
The solicitor asked the judge to note he had feared for their safety and that he or his colleagues would be professionally embarrassed on the night of the incident.
The court heard Mr Finnegan, from Crumlin, Dublin, did not want the defendant to lose his job.
The detective's income was affected while awaiting the hearing of the case, which was delayed by the Covid-19 pandemic.
The detective had also provided a written apology to the victim.
Ms Hughes implored the judge to consider the impact on her client and an outcome that would leave him without a recorded conviction.
Judge Hughes said there was no justification for his actions, and it was an unprovoked attack. However, he noted his remorse, the mitigating information and the potential impact on his family.
The judge stressed that the impact on Mr Finnegan could not be ignored.
He also took into account testimonials and the victim's attitude about not wanting to cause the officer to be unable to pay his mortgage.
A retired detective superintendent also provided a reference.
During the hearing, he heard how Mr Finnegan liked to catalogue his life through photos uploaded to Twitter or Instagram.
The judge believed that Mr Finnegan was surreptitiously observing the off-duty gardaí and using his phone to take pictures or videos.
However, he held it was not a case of self-defence, and the garda could not attack someone for taking photos.
Mr Finnegan's victim impact statement revealed it left him in terror and anxious.
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.
He 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.
CCTV footage of the assault was played in court.
Cross-examined, he denied videoing, taking pictures of the Garda group, or telling them, "Youse would want to watch yourself. A group of intelligence officers on the town together, you wouldn't know what would happen to you."
In court, when questioned about his demeanour in the video evidence, he said that was due to being constantly hyper-vigilant as a result of being attacked as a child.
Questioned about his failure to hand over his phone to gardaí and later Gsoc, Mr Finnegan said he feared he might be in trouble and that it was a result of mental health issues, including PTSD, which he has suffered from for years.
Mr Finnegan is an abuse survivor and whistle-blower who has highlighted concerns about child sexual abuse in St John Ambulance.
