A GARDA inspector was yesterday cleared of contempt of court after he successfully appealed a decision by a District Court judge to hold him in contempt over an incident during a sitting of a juvenile court in 2008.
Det Insp Brian Goulding had appealed a ruling given by Judge Michael Pattwell on September 11th, 2008, at Midleton District Court, where the judge had ruled that the garda was in contempt of court over his failure to remove a juvenile from the court following the juvenile’s case.
Yesterday at Midleton Circuit Court, State solicitor for east Cork John Brosnan said that he was appealing the ruling on behalf of Det Insp Goulding, who had been prosecuting two juveniles’ cases on behalf of the Director of Public Prosecutions on the day in question.
Judge Sean O Donnabhain was told that Judge Pattwell was aware of the matter being listed but was not in court, and when he asked who was representing Judge Patt-well, Mr Brosnan said that Judge Pattwell had himself asked the same question.
Det Insp Goulding told the court that because it was a family law and juvenile day, he was the only officer in court, along with the court garda, Garda Ken McGarry, who was the prosecuting officer in the first of the cases, where a juvenile was convicted and sentenced to two months’ detention.
After the completion of the case, Garda McGarry asked whether he could be relieved as he had just finished a night shift. Det Insp Goulding told him to first get someone from the nearby station to replace him, and he went out to do so.
When Judge Pattwell ordered the removal of the juvenile to allow the next case to proceed, Det Insp Goulding asked whether he could have a minute to make arrangements, and he checked to see whether the juvenile could be held in consultation rooms, but none were available.
“Judge Pattwell said it wasn’t his problem and that he had enough to be doing, and that the Garda authorities should sort out their own problems,” said Det Insp Goulding, adding that when the next case started moments later and the judge saw the first juvenile still in court, he held Det Insp Goulding in contempt of court.
Mr Brosnan said there was no personal contempt by Det Insp Goulding, and he did not believe that the inspector’s behaviour was calculated to interfere with the conduct of the court, and that what happened regarding the juvenile was an accidental omission.
Judge O Donnabhain noted that the matter was not contested and, on an outline of the uncontested facts of the case, he found that there was no case to make an order of contempt and he allowed the appeal by Det Insp Goulding.