A garda who left a teenage boy “humiliated” on a Dublin city street by twice filling a cup with puddle water and pouring it over his tracksuit bottoms in an act of “very deliberate degradation” has had his two-month jail term replaced with community service on appeal.
Eoghan McGowan (29) was a serving Garda member when he assaulted the 17-year-old boy, who was in the care of the State at the time. The victim reported that McGowan said “you’re p**sing yourself” as he carried out the assault.
McGowan has since apologised to the victim, whom the District Court Appeals Court was told had forgiven the defendant. He also offered €5,000, which was accepted.
McGowan pleaded guilty in the District Court to assaulting the minor on January 9th, 2023 at Granby Place, Dublin 1 contrary to section 2 of the Non-Fatal Offences Against the Person Act, 1997.
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He was sentenced to four months in custody with two months suspended. He lodged an appeal against his conviction, which was later changed to an appeal against the severity of his sentence only.
David Power, an investigating officer with Fiosrú, told the District Court Appeals Court on Tuesday that McGowan was a member of An Garda Síochána. He said that the injured party was 17 years old at the time and was in the care of the State.
David Perry, for the Director of Public Prosecutions, said that on the date in question, the injured party had been at the Rotunda Hospital with his partner, who was in labour. He said she requested that he go to her house to collect some items. He said the injured party left the hospital and walked toward her home, while speaking on the phone.
While he walked on Granby Place, an unmarked Garda vehicle driven by McGowan pulled up beside the injured party. There were four gardaí, including McGowan, in plain clothes in the car, Mr Perry said. He said the injured party was approached by McGowan and another garda but neither identified themselves as Garda members.
McGowan searched the injured party and the gardaí then walked back to the vehicle while the injured party started to pick up his belongings.
At this stage, the injured party said he called the gardaí a name that he couldn’t recall. Mr Perry said this caused the two other gardaí to come back, whereupon they grabbed and restrained the teen against the patrol vehicle.
The DPP counsel said that when the injured party was restrained, McGowan took a paper cup from inside the car, took up water from a puddle and poured the water on to the seat of the teen’s tracksuit bottoms. Mr Perry said McGowan repeated the action, filling up from the puddle again and emptying it again on to the seat of the teen’s tracksuit bottoms.
He said the injured party reported that McGowan was saying “you’re p**sing yourself”.
Mr Perry said the injured party was released from the hold and the gardaí then drove away. CCTV of the incident was played to the court by prosecution counsel.
Mr Power said the injured party was very upset after the incident and remained on the phone the entire time. He said the woman on the phone reported that she overheard what was happening.
He said the matter was reported to GSOC the day after the incident.
Judge Sinéad Ní Chúlacháin said there was significant mitigation on the garda’s behalf, considering his guilty plea and the fact that the injured party accepted his apology.
The judge decided to impose 60 hours of community service on McGowan in lieu of four months imprisonment. She also ordered that he is to pay a further €5,000 to the injured party, in addition to the €5,000 already paid.
