A Garda superintendent has been cleared of assaulting a bar manager and racially abusing a bouncer at aDublin bar, but found guilty of a lesser public order offence.
Gavin O’Reilly (41), from Cavan, whose address on his summons is Phoenix Park, denied assaulting Pennylane manager Emma Parks and engaging in threatening, abusive and insulting behaviour on the night of August 26th, 2023.
The three-day non-jury trial at Dublin District Court concluded on Thursday evening, with Judge John Hughes finding that the complainant Ms Parks and bouncer Marcos Peter Inacio were not credible witnesses.
He noted their evidence was contradicted at several points by CCTV footage and the recording of Ms Parks’ 999 call, which the judge described as “window dressing”, and their accounts in the trial.
Footage showed she pushed Mr O’Reilly, who was off duty and socialising at the popular gay bar, when he had returned to the venue to complain after he and two friends were asked to leave for being too noisy and drunk.
The judge did not accept racial abuse evidence or that the breach of the peace extended to events outside the bar, where Mr O’Reilly was confronted and pushed by Ms Parks, restrained by doormen, or his interaction with gardaí who carried out an unlawful arrest, or his demeanour towards those officers after his arrest.
He emphasised the conviction on the section 6 Public Order Act offence, which carries a three-month sentence, was limited to when Mr O’Reilly returned to the bar and spoke to Ms Parks. He was annoyed and was pointing his fingers aggressively while he was very close to her, which could have led to her pushing him on the chest afterwards.
Sentencing was adjourned until October 8th for the judge to consider the ramifications of applying the Probation Act.
Garnet Orange SC, defending, said that using that provision, typically regarded as leaving an accused without a criminal record, could still have an effect on his client’s unblemished 21-year career and be considered as a black mark in his profession.
Mr Orange, in mitigation, stressed that the offence was at the lowest possible level of culpability. He added that his client was willing to make a substantial charitable donation in the hope of having the case struck out instead.
The senior garda did not address the court or testify during the contested hearing.
On Thursday, bouncer Osmar Fontes initially claimed to have heard his colleague Mr Inacio being racially abused. Under cross-examination, he conceded that he did not hear any abuse.
The doorman also said Ms Parks had placed her phone very close to Mr O’Reilly’s face before he reacted and swiped it out of her hand, an act which led to the now-dismissed assault charge.
The two bouncers had said Ms Parks had been trying to get a reaction from the accused.
Mr Fontes did not believe Mr O’Reilly had been causing trouble in the bar and was not drunk.
Ms Parks claimed on Tuesday that the accused allegedly “bared his teeth” and “clenched his fists” and told her he was a Garda superintendent. The manager alleged the accused told her she was “f**ked” and “I’m going to get this f**king place shut down”.
She and Mr Inacio, who came over to assist from the nearby Pantibar, testified that the accused had said, “Get your hands off me, you black bastard.”
Ms Parks began filming Mr O’Reilly until he snapped her phone out of her hand. The judge noted evidence that it was held close to his face.
Both bouncers agreed with Mr Orange that the manager was trying to get a reaction from Mr O’Reilly, who was restrained by the door staff, put in a headlock and held until two gardaí arrested him.
Later, Garda sergeant Niall Godfrey saw him handcuffed in a patrol car. He did not think the accused was intoxicated, and Mr O’Reilly told him that he had consumed three pints.
He told the sergeant that he had earlier left the bar as requested but returned because he felt it was wrong to have been asked to leave.
Earlier, the court heard that on the night, after the arrival of the sergeant, he was de-arrested by the gardaí at the scene. The Garda Ombudsman then took over the investigation, which led to the court prosecution.
