Charges against a Letterkenny-based guard accused of assault were dismissed by Judge Thomas Fitzpatrick at a recent sitting of Letterkenny District Court.

Garda Shaun Barrett was charged with the offence that on January 19 last year he assaulted Jonathan Gibson outside the Court House at Justice Walsh Road, Letterkenny.

The court first heard evidence from Ms Niamh Cassidy, a care worker from Trinity House in Dublin who had accompanied Jonathan Gibson to court on the date of the alleged incident.

She said she had been sitting in the foyer of Letterkenny Court House when "a guard" came over and asked Gibson to go outside. She followed them and in her evidence stated: "I witnessed the guard with a key in his hand which he dug into Johnny Gibson's chest. He stepped backwards to take himself away from the situation then the guard grabbed him and put his arm around his shoulders and the top of his chest."

Under cross-examination Mr Damien Crawford BL put it to her that Gibson was the aggressor and it was not, as she portrayed, "a case of death by stabbing by key", it was simply "a routine altercation".

Mr Crawford told Ms Cassidy her answers were unacceptable in that she only showed one side of the situation. He added that Gibson could not be referred to as a child because "he has a history of criminality and has caused over one million euro worth of damage in Letterkenny over his career".

Evidence was heard from Helen O'Reilly, another care worker at Trinity House, who said that she went outside and saw Garda Barrett with his arm around Jonathan Gibson. She then asked Garda Barrett if this was "absolutely necessary".

She stated there was an atmosphere of tension and when she told Garda Barrett that Gibson was in their care the situation relaxed. Ms O'Reilly claimed she was focusing on the guard and could not recall any conversation which took place during the incident.

In evidence, Mrs Sadie Gibson said when she saw the situation she told her son to come back inside and when he turned to go Garda Barrett grabbed him "in a headlock".

Mrs Gibson added: "I put my hand up to the guard and told him he was choking Jonathan. He told me to take my arm off him or I'd be arrested."

Mr Crawford put it to Mrs Gibson that her evidence did not fit with the other prosecution witnesses as she did not mention the keys Garda Barrett was alleged to have poked Jonathan Gibson with.

In his evidence Jonathan Gibson stated: "I was sitting outside the court room and went outside when Garda Barrett told me to. He started poking a key into my chest and then Niamh came out and I went to walk back in an he got me in a headlock."

When asked what his temperament was like Gibson replied: "I was a bit pissed-off like with him sticking keys in my chest but I wasn't angry or nothing."

Mr Crawford put it to Jonathan Gibson that Garda Barrett had wanted to talk to him in the presence of his mother about an incident of theft which took place from a house in Ballymacool Woods. Gibson replied: "I don't even know where Ballymacool Woods is."

Mr Crawford stated this was a lie and added: "You want to get a kick-back at the guards you have a history of aggression towards gardai. You head-butted a female guard and you have been accused of striking other guards several times."

Sergeant Mark Traynor, who observed the situation, told the court that the incident was very minor and Jonathan Gibson was being very aggressive towards Garda Barrett.

POKE DENIED

In his evidence Garda Barrett said he could not recall whether or not he had a key in his hand but definitely did not have a bunch of keys and did not poke Jonathan Gibson. He added that Gibson's physical stance was very aggressive and he told him to calm down or he would be arrested. Garda Barrett said he has known Gibson for a number of years and would always exercise caution when dealing with him as he is "a very volatile young man".

Solicitor for the prosecution, Mr Ciaran Liddy put it to Garda Barrett: "It was you who became the aggressor as you were frustrated. Jonathan Gibson was trying to remain calm and for no reason you felt your interrogation was incomplete."

Garda Barrett replied: "At no time was I the aggressor. Jonathan Gibson was causing a blatant breach of the public order act and as a uniformed guard I could not permit that to happen."

In coming to his conclusion, Judge Fitzpatrick stated: "It is a question of whether Jonathan Gibson was assaulted by Shaun Barrett as charged in the summons by poking him with a key and taking him in a headlock. Or whether it was a case of exercised restraint by Shaun Barrett."

"It appears from the evidence before me that Shaun Barrett is an experienced Garda and I do not think he would be so incompetent as to interview Jonathan Gibson without his mother present."

"It appears from the evidence presented to me that Jonathan Gibson became threatening and abusive to Garda Barrett. And from what I have heard it appears that he is not well disposed to the gardai in general."

DIFFICULT SITUATION

The Judge added: "Garda Barrett was in a difficult situation in that this young person was becoming abusive and aggressive outside the door of the Court House where there were a lot of members of the public present. It would be very foolish of him to assault a member of the public in full view of the assembled crowd."

"From what I have heard the situation arose before Niamh Cassidy, Sadie Gibson, and Helen O'Reilly arrived outside at all. From the evidence of Sergeant Traynor the defendant commenced to try and calm the alleged injured party who was out of control and abusive. The defendant had to restrain him and the witnesses saw the middle of that incident at its highest point where Jonathan Gibson had to be restrained."

He continued: "I accept Garda Barrett may have had a key in his hand but did not, at any time, poke Jonathan Gibson in the chest. Niamh Cassidy is the only person who made reference to the young person being poked in the chest with a key. Mrs Gibson did make reference to the key but only when I asked her and not under cross-examination or in her evidence-in-chief. I don't think she saw that happen at all and I think Niamh Cassidy was mistaken in what she saw."

"When the carers were asked what they heard during the incident none of them were able to tell me what was being said."

Judge Fitzpatrick concluded: "I am satisfied, taking all evidence into consideration, that the defendant did not assault Jonathan Gibson. It was simply an exercise in restraining Jonathan Gibson who had become extremely abusive. And on these terms I must dismiss the charge."