A prison officer has avoided a jail term for assaulting a garda in a north Dublin nightclub.
Dublin Circuit Criminal Court heard that Daniel Walsh (aged 29) punched Detective Garda Clifford Singleton twice after making derogatory comments about his girlfriend.
The garda later withdrew his complaint about the incident to avoid Walsh being prosecuted. However the Director of Public Prosecutions decided to proceed with the case.
Judge Martin Nolan imposed a one-year sentence, suspended in full after hearing Walsh faces losing his job with the Prison Service because of the incident. The prison officer has already handed over €30,000 in compensation to the victim.
Walsh, of Islandbridge, Dublin 8 pleaded guilty to assault causing harm to Det Gda Singleton at McGowan’s in Phibsboro on June 6, 2010.
Garda Nan Yu told prosecuting counsel, Elva Duffy BL, that the garda and his girlfriend went out for the night to McGowan’s Bar. They had ordered some drinks and were sitting at the bar talking when Walsh came up from behind and whispered an insult about Det Gda Singleton’s girlfriend into his ear.
He again insulted the woman before punching the garda in the side of the head. CCTV footage showed him throwing three punches and landing two on the victim’s head.
Det Gda Singleton was taken to hospital with a fractured jaw. He later required surgery to fix a clicking noise made by his jaw and missed several weeks of work.
The garda later made a statement about the assault but withdrew it when his attacker apologised.
The DPP decided to proceed with the prosecution and directed it be dealt with in the District Court.
However a District Court judge ruled that the offence was too serious and sent it to the Circuit Court.
Defence counsel, John Byrne BL, said his client was of “exemplary character” and very drunk on the night.
He said Walsh is facing disciplinary proceedings by the Prison Service and faces losing his job over the incident.