A builder who tried to get a woman into his car late at night by pretending to be a garda, before intimidating her and assaulting her husband, will be sentenced next week.
Declan McGowan (33) was found guilty following a trial last March of attempted coercion, impersonating a member of An Garda Síochána, assault and assault causing harm at Kimmage Road Lower, Dublin in the early hours of September 18th, 2021.
McGowan, of Branswood, Athy, Co Kildare, had pleaded not guilty to all counts, but told Dublin Circuit Criminal Court on Friday that he accepts the jury's verdicts.
The accused has 31 previous convictions, including three counts for making threats to kill, two for assault causing harm. McGowan also has one District Court conviction for impersonating a member of An Garda Síochána on July 1st, 2019.
Garda Aaron Webb told John Moher BL, prosecuting, that Andra Calauz gave evidence during the trial that she stepped outside to have a cigarette following an argument with her husband. She was on the phone with her husband, who was in their nearby home, when a car pulled up.
Pretended to be a garda
McGowan told her he was a garda and showed her something on his phone, which Ms Calauz took to be official identification.
The accused started to pay her compliments and told her she was beautiful.
Gda Webb said Ms Calauz engaged in conversation with McGowan as she thought he was a garda.
The trial heard he also took her hand, kissed it and hugged her. McGowan asked her to get into the car and said he would take her to a garda station. He also told Ms Calauz that he would contact Tusla to arrange for her children to be taken into care.
Ms Calauz gave evidence that she felt frightened and pressurised by McGowan as he asked her several times to get into his car.
Her husband Daniel Ion gave evidence during the trial that when he arrived on the scene, McGowan started choking him with one hand. He said McGowan was shouting at him to go back inside to his children or he would call Tusla and they would be taken away.
He said McGowan was "screaming" at his wife to get into the car. He said he felt at the time that McGowan was either a corrupt cop or “a dangerous man".
Gda Webb told the sentencing hearing that McGowan told the couple that he would get a gun from his car to show them he was a gardai. He said he was a “special agent” and “not a normal garda”.
Mr Ion said he told McGowan two or three times to let his wife go and said to his wife in Romanian that she should not get into the car.
Arrested
Mr Ion left, then called gardaí who arrived within minutes and arrested McGowan.
Gda Webb said McGowan also put his number in Ms Calauz's phone and made a call to his phone during the incident.
When gardaí arrived, McGowan denied he pretended to be a garda, saying that he was going to call the gardai. During the trial, both victims gave evidence which contradicted this claim.
After his arrest, McGowan denied the assault charges and said he offered the woman a lift, which was refused.
McGowan told gardaí at interview that when Mr Ion arrived on the scene, he struck his wife in the face. The accused said he had put his number in Ms Calauz's phone in order to send her the details of Women's Aid.
McGowan admitted to gardai that he had a wheelbrace in the car.
He denied ever kissing or hugging the woman and said she was lying.
Victim Impact Statements
Victim impact statements written by Ms Calauz and Mr Ion were read to the court by Mr Moher.
In her victim impact statement, Ms Calauz said she is unable to go out alone since this incident. She said she used to be really active with her children, and is scared that she is now missing out. She said the family have also tried unsuccessfully to move home since this incident.
Mr Ion said he suffered bruising to his neck and could not eat for the next two days. He also had to leave his job following these events as his wife did not feel safe when alone with their children. He said his relationship with his wife was also affected.
Mr Ion said McGowan's claims that he was a bad husband and father had also impacted him. He said McGowan had not apologised for these “lies” and the impact on the family.
Gda Webb agreed with Garnet Orange SC, defending, that McGowan had made bizarre comments at interview, which were suggestive of someone in the “throes of a cocaine binge”. McGowan also told gardai that his partner had died in tragic circumstances.
Gda Webb accepted Mr Orange's statement that this incident lasted around 15 minutes and had taken place on a public road near housing.
McGowan also gave evidence on his own behalf. He said his drug use had been casual, but escalated following the death of his partner. McGowan told the court that going into custody has “saved” his life.
McGowan told Mr Maher in cross-examination that he was not taking cocaine in July 2019, when he previously pretended to be a garda.
Mr Orange said the death of McGowan's partner had led to a “catastrophic spiral” and his client's behaviour was influenced by his drug use at the time.
McGowan is now in a new relationship and the father of two children.
Mr Orange said the events of that night were a “bizarre incident” which appear to have “dark overtones” but could also be seen as “serious misplaced chivalry” on McGowan's part.
Psychological and medical reports were handed into the court on behalf of McGowan alongside a handwritten letter.
Mr Orange said his client has shown the potential for rehabilitation and is anxious to finish his time in custody and become a “useful member of society” again.
Judge Patricia Ryan noted that McGowan had pretended to be a garda on several occasions.
Mr Orange said the events relating to the District Court charge of impersonating a member of An Garda Siochana were different.
McGowan told Judge Ryan that this offence occurred at the time of a family feud where he had shouted he was a garda out of a car window.
Judge Ryan said McGowan “cannot have it both ways” and say he accepts the jury verdict but that his actions were the result of “misplaced chivalry”.
She adjourned the case to November 4 for finalisation.
