A garda who was prosecuted for slapping a woman three times in the face had his case thrown out of court by a judge on a legal technicality.
It was one of the first case investigated by the Garda Ombudsman’s office to go to trial since the office was established in 2007.
Garda Shane Waldron (29) was before a special sitting of Galway District Court charged with the common assault of Emma Collins (27) at Eyre Square in the early hours of November 25th, 2007.
Garda Waldron, stationed at Oranmore in Co Galway, was before the court on a charge brought by the Director of Public Prosecutions following an investigation by the office of the Garda Ombudsman Commission.
However, defence solicitor Gearoid Geraghty, at the end of the prosecution case, sought a direction from Judge Malone to dismiss the case.
Mr Geraghty argued that the prosecution had failed to provide proof of a necessary commencement order in respect of Section 104 of the Garda Síochána Act 2005, extending time for the preferring of the charge against his client.
After considering the matter, Judge Malone agreed with the defence submission and dismissed the case.
Outside the court Ms Collins said she was ‘very, very disappointed’ with the outcome of the case.
However, she said she did not wish to comment any further.
Sara Robinson, Senior Investigating Officer with the Garda Ombudsman Commission, said the details of the case would be examined.
“We’re satisfied we carried out a thorough investigation. It has fallen on a technicality and this will now be considered by the DPP and ourselves”.
In the court Judge Leo Malone was told that Ms Collins had been socialising with friends in Galway city on November 25, 2007, and left a pub to go home around 2am.