A retired garda, who knocked a young man unconsciousness after he flicked the garda's hat off while he was on duty, has had a charge of assault causing harm to the man dismissed.
Former Garda Michael Kiernan, whose address was given as 19 Washington Street in Cork, had pleaded guilty to the charge.
However, Judge Sean Ó'Donnabháin said at the Circuit Criminal Court in Cork he would apply the Probation Act after he was told that Mr Kiernan had retired from the gardaí following the incident.
Mr Kiernan had also paid compensation to the victim of the assault and had pleaded guilty at the first available opportunity.
This means that no conviction will be recorded against Mr Kiernan.
The prosecution was the first to be taken by The Garda Ombudsman Commission against an on-duty garda on a charge of assault.
