Off-duty garda who assaulted hotel porter while 'paralytic drunk' avoids conviction

Irish Examiner

a day ago

An off-duty Garda got 'paralytic drunk' after drinking sambucas during a stag weekend before assaulting a hotel porter in Ennis, a court has heard.
At Ennis District Court, Judge Alec Gabbett said:
'It is a shame really that but for the isolated incident on a stag night where Caoileann Fitzmaurice drank sambuca he probably wouldn't be here at all.
'Mr Fitzmaurice had four or five drinks and all of a sudden he was paralytic drunk and he had to be brought home. Then he was confronted by this nice man (Olufegun Lawal) who was trying to direct him to the right place when the melee ensued.'
Caoileann Fitzmaurice, aged 31, stationed at Pearse Street Garda Station in Dublin, pleaded guilty to assaulting Mr Lawal at the Queen's Hotel, Abbey Street, Ennis, Co Clare on January 21, 2023.
Judge Gabbett said he would not impose a conviction on Mr Fitzmauraice and instead imposed the Probation Act and made a compensation order for €5,000 for Mr Lawal.
He said he was not convicting Mr Fitzmaurice of the offence 'due to the exemplary fashion in which he has engaged with the probation services'.
Judge Gabbett said the manner in which Mr Fitzmaurice — who has no previous convictions — has met the case 'is an example to others'.
He has met the case head on, shown remorse, apologised, faced up to it and paid compensation.
'He has given up alcohol, he has engaged in counselling, he is getting married, he has engaged in very pro-social activities.'
Judge Gabbett said that Mr Fitzmaurice 'is a very well-educated gentleman and has a qualification in criminology'.
He said it is never easy for a member of An Garda Síochána to be before the courts. He said that he was conscious of the internal disciplinary proceedings within An Garda Síochána which, he said, will have to happen because it is an assault.
Judge Gabbett said that the significant aspect of the disciplinary proceedings is to get Mr Fitzmaurice 'off administrative duties and back to his normal duties of preventing crime'.
Counsel for Mr Fitzmaurice, Cian Kelly BL asked that the case be struck out due to the manner in which Mr Fitzmaurice has met the case. Judge Gabbett said that he didn't think it would change the outcome of the disciplinary process if the case was struck out.
On his way out of the courtroom, Mr Fitzmaurice shook hands with Mr Lawal.
In the prosecution against Mr Fitzmaurice taken by the Garda Siochana Ombudsman Commission (Gsoc), Sarah Jane Comerford BL previously outlined the facts in the case to the court.
Due to Mr Fitzmaurice's intoxicated state, his friends left him in the care of hotel porter, Mr Lawal and asked Mr Lawal to bring him up to his room.'
Ms Comerford said: 'Unfortunately Garda Fitzmaurice was in such an intoxicated state that he started walking around the hotel. He was very disoriented — he dropped the key to his hotel room and Mr Lawal who was at all times trying to assist him picked up the key and at that point, Garda Fitzmaurice struck him two times — once in the nose and once in the left eye and Mr Lawal caught the third blow.
'Mr Lawal suffered a bloody nose and he did get some medical attention later that morning.'
'The incident spilled out onto the street where a witness saw Mr Fitzmaurice holding onto Mr Lawal and kicking out. The incident was also captured on CCTV footage.'