Garda who had assault conviction overturned secures order against disciplinary proceedings
A garda who was cleared on appeal of assaulting a handcuffed prisoner has gone to the High Court to try and stop disciplinary proceedings against him.
Garda Tom McKenna, who has been suspended from the force for the past four years, received a three-month suspended sentence and a €750 fine at Waterford District Court for assault causing harm to a Polish man.
The court heard the man was punched and slapped in the head while handcuffed at Waterford Garda Station in 2010.
However his conviction was overturned last year at a Circuit Court appeal.
Garda McKenna – who remains suspended – claims he was expressly informed by the Garda Síochána Ombudsman Commission that no further action would be taken.
In light of that alleged assurance he is now trying to stop internal garda disciplinary proceedings against him.
Garda McKenna has secured an order putting the investigation into his conduct on hold while the courts deal with his legal challenge.