A garda who struck an RTÉ cameraman with a baton during a rally in Dublin four years ago in what a judge described as an "unjustified act of aggression", has been given a 12-month suspended sentence.
Sean Lucey, 42, who was a member of the Garda Public Order Unit was found guilty last December of assault causing harm to cameraman Colm Hand.
The incident occurred as Mr Hand and a colleague were filming at a demonstration and counter rally in Dublin by the far right group Pegida and anti racism groups on 6 February 2016.
Mr Hand's camera was struck and he was then hit in the groin by Lucey.
The prosecution said Lucey acted out of aggression having broken away from the garda line to strike Mr Hand.
They said it was manifestly clear that Mr Hand was working as a broadcast cameraman on the day and was not part of the protest.
Defence lawyers claimed Lucey had used reasonable force.
However, the jury found him guilty of assault by a ten-two majority.
In a victim impact statement read to the court last month, Mr Hand said what happened that day shattered his confidence and he had never really recovered from it.
He said he had covered other public order incidents without issue in the past and believed he would be safe, given the number of gardaí present that day.
He said he now worried about everything, which made it hard to concentrate. And it had been difficult to work in the same way since. He also found it hard to sleep.
A letter from Lucey was also read out in court. He said he respected and accepted the court's ruling.
He expressed his "deepest regret" and said he understood that his action was "deemed excessive".
The judge said today that she did not accept Lucey's characterisation of the incident and it was regrettable that his letter stopped short or an apology or any remorse for the consequences the assault had had on Mr Hand.
She said the assault had caused significant, enduring psychological upheaval to Mr Hand.
The assault occurred while Lucey was in his capacity as a serving member of An Garda Síochána.
This was an aggravating factor she said, tempered to some extent by the fact that on the day, he was carrying out a difficult task under pressure.
Judge Greally said she took into account Lucey's absence of previous convictions, his unblemished disciplinary record, his 20 years of service to the community, his family circumstances and testimonials given to the court.
She said she did not consider a proposal from Lucey's legal team that he would pay a donation to charity appropriate.
Judge Greally said public interest issues were at play here and a transgression of this kind must be seen to have serious consequences.
She said the public relied on gardaí, and on members of the Public Order Unit, to exercise their significant powers with restraint and self-control.
She said Mr Hand did not at any time present a threat to Lucey or any of his colleagues. He was doing his job, filming events for the national broadcaster.
The judge imposed a 12-month sentence, but she said in spite of Lucey's not guilty plea and absence of remorse she intended to regard what he did as an aberration and suspended the sentence fully for 12 months.
