A garda superintendent has been cleared of assaulting a bar manager and racially abusing a bouncer at a popular Dublin 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 bar manager Emma Parkes, under Section 2 of the Non-Fatal Offences Against the Person Act and engaging in threatening, abusive, and insulting behaviour on the same occasion.
The three-day non-jury trial at Dublin District Court stemmed from events at Strand Street Great, while off duty and socialising at the Pennylane bar in the city centre, on the night of 26 August 2023.
It concluded with Judge John Hughes finding that complainant Emma Parkes and bouncer Marcos Peter Inacio were not credible witnesses.
He noted their evidence was contradicted at several points by CCTV footage, the recording of her 999 call, which the judge described as "window dressing", and their accounts in the trial.
Footage showed she pushed Mr O'Reilly 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 Parkes, restrained by doormen.
The judge said it did not extend either to Mr O'Reilly's interaction with gardaí who carried out what the judge said was 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 he returned to the bar and spoke to Ms Parkes.
The judge said Mr O'Reilly 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 8 October for the judge to consider the ramifications of applying the Probation Act.
Judge Hughes also asked prosecuting counsel John Griffin to provide clarity on that issue and how it would impact garda vetting.
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, and 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, who was promoted to superintendent three years ago, did not address the court or testify during the contested hearing.
Earlier, security man Osmar Fontes initially claimed to have heard his colleague being racially abused. Under cross-examination, he conceded that he did not hear the words said at all.
The Brazilian doorman also said Ms Parkes 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 Parkes had been trying to get a reaction from the accused.
The judge also said CCTV at the time she made a 999 call contradicted her claims that he was still trying to lash out.
Mr Fontes did not believe the accused had been causing trouble in the bar and was not drunk.
Gavin O'Reilly's defence maintained he was roughed up and dragged by doormen and that the complainant acted as an "agent provocateur".
Ms Parkes 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***ed" and "I'm going to get this f***ing 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 b*****d".
Ms Parkes began filming him 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 who arrived at the scene outside Pennylane, and arrested him.
Later, Garda Sergeant Niall Godfrey arrived at the scene where he saw Mr O'Reilly handcuffed in a patrol car.
The sergeant did not think the accused was intoxicated, and the superintendent told him that he had consumed three pints.
Sgt Godfrey stated the accused was perturbed and in no way violent.
The accused told the sergeant that the manager of the Pennylane "orchestrated the situation".
He told the sergeant that he left 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.
The defence claimed Ms Parkes grossly exaggerated the events.
Mr Orange also submitted that she was laughing at Mr O'Reilly when he was held on the ground, and put her phone to his face, and she was hostile because he had the temerity to come back.
