A GARDA based in a rural part of the West was sentenced yesterday to a three year term in prison - 18 months of which were suspended - for sexually assaulting a 13 year old girl who was minding his son in his home.
At Galway Circuit Criminal Court, the 40 year old garda denied sexually assaulting the girl by rubbing her genitals and breasts with his hand, and a second charge of kissing her contrary to the Criminal Law (Rape) Act 1990 on December 24th, 1995.
A jury found the defendant guilty on both counts after deliberating for over an hour.
Judge Diarmuid Sheridan said that while he acknowledged that the conviction would result in the discharge of the defendant from the Garda force after 18 years service, the circumstances did not warrant him being treated leniently.
Judge Sheridan said he put a great deal of store on people who face up to their responsibilities, particularly where a child is involved, and say "yes I did it", and throw themselves at the mercy of the court. "When people choose to plead not guilty, as is their right, they cease to be entitled to very lenient treatment."
He suspended 18 months of the sentence provided the garda entered into a bond to keep the peace for two years after release, but refused leave to appeal the case, or the severity of the sentence. He ordered that the defendant not be named to protect the victim's identity.
The girl had told the court that the defendant came home while she was asleep with his son aged about seven and got into bed beside her and started rubbing her between her legs and her breasts. She later locked herself in a bathroom and feigned illness in an effort to get him to leave her alone.
Insp Tony Dowd told the court that, when questioned, the defendant had claimed that after going off duty on December 24th, 1995, he went home and got straight into his bed without checking his son.
He had added that he could not remember the girl being in the house that night, and found out next day from his wife who was babysitting.
The station record indicated that the defendant had gone off duty at 3 a.m. In statements taken at Salthill station during the early hours of March 14th last, the defendant had agreed they were correct but refused to sign them. He had repeatedly denied the allegations against him.