A Dublin-based garda detective has been found guilty of attacking a man in a crowded bar who told a court he was "taking selfies" and not photographing or recording the off-duty officer and his colleagues on a night out.
Garda Robert Hennessy pleaded not guilty to assaulting social care worker Michael Finnegan, 40, from Crumlin, Dublin, who was repeatedly punched in the face while socialising at Cafe en Seine on Dawson Street, Dublin, on December 11th, 2019.
Hennessy was prosecuted following a Garda Ombudsman (Gsoc) investigation leading to his non-jury trial before Judge John Hughes at Dublin District Court.
Mr Finnegan testified that Hennessy told him he was in Garda intelligence before he repeatedly punched him, leaving him bleeding, in pain, dizzy, and with a split lip. It was captured on the bar's security camera system and the footage was played during the trial.
The detective garda is in a specialist unit which does surveillance work.
The officer did not testify, but in his statement to Gsoc, he claimed he was stressed and under pressure, because he feared Mr Finnegan would "out them".
Prosecution counsel Diarmuid Collins submitted to Judge Hughes that no one else in the CCTV evidence appeared scared at being "unmasked". He argued that even if Mr Finnegan had been taking photos of the Garda group, that did not provide a case for self-defence.
He said: "It was not the law of the schoolyard or the jungle, and you cannot punch someone four or five times in the head whether you are an intelligence officer or not".
The complainant refused to hand over his phone to investigators but downloaded some selfies exhibited in court. The defence complained that bolstered his version of allegations and that other evidence from his phone was not available.
Judge Hughes noted Mr Finnegan catalogued his life through photos which he would upload to Twitter or Instagram.
The judge believed that Mr Finnegan was surreptitiously observing them and using his phone to take pictures or videos of the off-duty group of gardai.
He noted a barman's evidence that Mr Finnegan was "more than tipsy".
He also said Garda Hennessy was anxious about being photographed on the night out, which could have caused him professional embarrassment or threatened his security.
However, he said the relevant circumstances did not arise for a case of self-defence, and he could not attack someone for taking photos.
He convicted Garda Hennessy and noted Mr Finnegan told Gsoc he did not want the detective to lose his job.
He was not present when the verdict was delivered, but his victim impact statement was read into the court record.
It stated: "It has been four years since Robert Hennessy assaulted me in an unprovoked attack. I still remember that day, and parts of it still haunt me. While Robert Hennessy was unaware of the personal challenges I was having, this assault did have a significant impact on me. I do not know Robert Hennessy, and maybe he is a good guy and a good detective. I understand being a detective garda is an incredibly difficult job. I have the utmost respect for gardaí.
"I cannot even begin to describe the feeling of terror and fear I felt when I was violently attacked by him as he punched me repeatedly in the face in a crowded bar. I would not be telling the truth if I did not say that since the assault; I've been very anxious when I'm in Dublin city centre."
Sentencing was adjourned until February 6th to allow the defence to prepare a mitigation plea.
Earlier in the trial, Mr Finnegan said he was happy and the day was a milestone because he had finished his first exams at Trinity College. He went for a drink in the Pavilion and later to Cafe en Seine.
He said he was taking selfie pictures on his phone, and there were two attractive women in their 30s to his left, and he "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.
Afterwards, an older man approached and asked if he would consider "shaking hands" or accepting an apology, but he told the man to "F-off. "
Cross-examined by defence counsel Breffni Gordon, he repeatedly denied videoing or taking pictures of the Garda group or telling them, "Here are you having a good night, youse would want to watch yourself, a group of intelligence officers on the town together you wouldn't know what would happen to you".
Questioned about his failure to hand over his phone to gardai 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.
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.
Mr Finnegan is an abuse survivor and whistle-blower who has complained about child sexual abuse in St John Ambulance.
