A probationer garda who breached Covid regulations while drunk by trying to get into the back of an ambulance with an injured friend has been fined €1,000.
Judge Terence Finn said a custodial sentence was not appropriate for Aoife Moore from Church Street in Dungarvan, Co Waterford, given her lack of previous convictions.
At a sitting of Dungarvan District Court, the judge said the duty of the court was to ensure justice was done and that there was a "quantum of parity" in sentencing.
Moore previously pleaded guilty to two charges arising out of the incident at Cluain na Greine, Dungarvan, on June 7th, 2020.
The 27-year-old pleaded guilty to being intoxicated in a public place at 5am on June 7th. She also pleaded guilty to a breaching a regulations to prevent, limit, minimise or slow the spread of Covid-19.
At a previous sitting of the court, the judge heard evidence from Insp Stephen Murphy, who said gardaí responded to a call regarding an altercation at Cluain na Greine estate at 11.30pm on the night in question. Gardaí called to a property where they found Moore and some friends. They had been celebrating the birthday of the defendant.
One of her friends had suffered a leg injury during an altercation but she had refused to go to hospital.
Gardaí left the scene but at returned at about 5am. Moore had called an ambulance for her friend, who had agreed to go to hospital.
Insp Murphy said gardaí formed the opinion that Moore was intoxicated to a point where she was a danger to herself and others.
The court heard Moore was very unsteady on her feet and nearly fell out of the back of the ambulance. This was in spite of paramedics explaining to her that she could not accompany her friend as it was in breach of Covid regulations. Moore was arrested by gardaí.
Insp Murphy said Moore called to Dungarvan Garda station later that day to apologise profusely. She has not come to Garda attention since the incident.
Appeal for leniency
Defence barrister Donnchadh Morgan appealed for leniency in the case. He said his client was remorseful and deeply ashamed of her behaviour.
He said she had worked very hard to become a garda. He said she hasn’t touched alcohol since the incident and is attending Alcoholics Anonymous meetings. Mr Morgan said it was an isolated incident that would have consequences for her career.
He asked the judge to consider applying the Probation Act and allowing her to make a donation to the Garda benevolent fund.
The judge said a fine was the appropriate form of sentence for Moore. He said he had factored in the degree of her intoxication and her “standing in the community”.
He said being a member of the Garda set the bar higher level and meant that her obligations were “much more” than members of the public.
The judge declined to allow the case to be dealt with via a poor-box donation. He fined Moore €1,000 and gave her six months to pay.