A THEN serving garda who punched a student in the head and left him lying unconscious and bleeding after the student knocked off his Garda hat has been given the benefit of the Probation Act.
Michael Kiernan (53), with an address care of a firm of solicitors, pleaded guilty to assault causing harm to the 21-year-old UCC student at Hanover Street, Cork, on February 23rd, 2007.
Yesterday at Cork Circuit Criminal Court, senior investigator with the Garda Ombudsman’s Office Denis Murphy told how the student, who didn’t wish his name to be published, had been with friends in the Grand Parade on the night in question.
The student told investigators how some of his friends were being shoved by gardaí so he came up behind Garda Kiernan and pushed his hat off before fleeing with his friends only to be pursued by two other gardaí on bicycles
The student had fully expected to be arrested but he was held against the wall until a marked patrol car arrived. Garda Kiernan got out, made no attempt to arrest him but hit him a blow on the head that knocked him unconscious.
Garda Kiernan got back into the patrol car, leaving the student bleeding on the ground in the care of one of his friends, said Mr Murphy, adding that the student was treated at Cork University Hospital for a wound to the head and concussion.
Defence barrister Don McCarthy said his client had retired from the Garda after 30 years’ service in November 2007. He was awarded a certificate for exemplary service and had been assaulted himself.
Mr McCarthy said his client could not account for his behaviour on the night. He said the student had his case assessed by the Personal Injuries Assessment Board and Mr Kiernan had paid over the recommended sum immediately and before any criminal proceedings began.
Mr Kiernan, now working as a taxi driver, had seen his otherwise exemplary career destroyed as a result, said Mr McCarthy, adding that his client had pleaded guilty at the first available opportunity and he asked for leniency for him.
Judge Seán Ó Donnabháin described the amount paid to the student as “more than adequate” and said that it was “a very sad case” that Mr Kiernan’s 30 years of service would be lost “in a moment of madness”.
He noted that Mr Kiernan had retired of his own volition from the Garda and had suffered financial loss as a result as he could have served for another seven years.
This indicated to him that Mr Kiernan was unlikely to reoffend, said the judge, and in all the circumstances, he believed that the Probation Act was the most appropriate way to deal with the case.