Off duty garda cleared of Westport assault charges

Off duty garda cleared of Westport assault charges


AN off duty garda has been cleared of assaulting security staff in C2/Mojo’s niteclub in Westport, with Judge Mary Devins finding that the evidence of the bouncers was ‘confused and confusing’, that CCTV footage of the alleged incident was ‘notably unclear’ and that there was a paucity of medical evidence.
Thomas Higgins of Barrymore, Kiltoom, Athlone, County Westmeath, appeared on three assault charges, and a public order charge, while David Fagan of Ladwell, Glasson, Athlone, County Westmeath was charged with one count of assault and two public order offences. The case had also been referred to the Ombudsman Commission of An Garda Siochana. Evidence on the matter was heard at two separate court sittings earlier this year.
In delivering her judgment, which began after an incident in the Westport niteclub on November 12 2011, Judge Devins also said that there were uncertainties in the initial stages of the investigation in relation to the nature and probable cause of the  injuries sustained by the three doormen.
“This court cannot deal in probabilities and conjecture,” Judge Devins stated. “The standard of proof required by this court is the same as in all others and in this case the standard is not met. If I find this I do not need to consider the legal issues in relation to mens rae and actus reus.”
Judge Devins also questioned why Garda SiobhΡn Clancy saw fit to restrain the defendant in handcuffs when she arrived on the scene, as her evidence had stated that Mr Fagan was on the ground being dealt with by two of the doormen when she arrived. The evidence of independent witnesses was described as being of ‘extremely limited value’
Dismissing all the assault charges, Judge Devins said that she needed more time to consider the alleged public order offences, and said she would deal with the matters on Achill District Court on January 9 2014.