Cork Garda sergeant loses her appeal against assault conviction

A Garda sergeant has lost her appeal against a conviction for assaulting a man during his arrest in Waterford.

Cork Garda sergeant loses her appeal against assault conviction

A Garda sergeant has lost her appeal against a conviction for assaulting a man during his arrest in Waterford.

Sergeant Martha McEnery from Co Cork was given a four-month suspended sentence last year in connection with the attack on 39-year-old Anthony Holness in January 2010.

Last June, she secured a High Court injunction stopping her dismissal from the force until the outcome of her appeal.

A former garda John Burke is also appealing his conviction in connection with the same attack.

He received a 12-month jail sentence for intending to pervert the course of justice by diverting a CCTV camera from the assault.

CCTV footage shows gardaí repeatedly striking Mr Holness as he lay on the ground in the course of his arrest for public order offences.

However, on at least two occasions the garda camera veers off to the right, away from the assault.

Former garda John Burke claims he accidentally knocked the camera in the garda control room but his lawyers have failed to get his conviction for intending to pervert the course of justice overturned.

They had fought the case on a number of grounds including a claim that the prosecution had failed to tender a relevant witness.

However, the court found the trial judge had dealt properly with all the relevant issues and had delivered an impeccable charge to the jury.

more courts articles

Man appears in court charged with false imprisonment of woman in van Man appears in court charged with false imprisonment of woman in van
Man in court over alleged false imprisonment of woman Man in court over alleged false imprisonment of woman
Coronation Street actor William Roache (91) given three months to settle tax debt Coronation Street actor William Roache (91) given three months to settle tax debt

More in this section

Government to introduce State contributory pension for carers Government to introduce State contributory pension for carers
Drug death in Cork Prison could be linked to nitazene opiate Drug death in Cork Prison could be linked to nitazene opiate
Four people hospitalised following suspected arson at West Dublin home  Four people hospitalised following suspected arson at West Dublin home 
War_map
Cookie Policy Privacy Policy Brand Safety FAQ Help Contact Us Terms and Conditions

© Examiner Echo Group Limited