Courts / Cork / Report

GSOC drop investigation of garda acquitted of assault

Date
2014-05-13

Stage
Finding

Primary locality
Cork City

County
Cork

Summary

In May 2012 a 16‑year‑old boy was arrested in Cork City and pepper‑sprayed by Garda Brendan Dowling and Garda Fiona Sheehan. The teenager complained of assault, prompting the Garda Ombudsman Commission (GSOC) to investigate. GSOC's findings led the Director of Public Prosecutions to prosecute both officers. At Cork District Court, CCTV footage and the teen's testimony were presented; the prosecution withdrew, and the charges were struck out. Dowling was acquitted. After the acquittal, GSOC announced a fresh investigation into Dowling's conduct, alleging abuse of authority. Dowling sued in the High Court to stop this investigation, arguing it breached natural justice. Judge Gerard Hogan, with consent from both parties, quashed GSOC's decision to open a new inquiry and prohibited GSOC from investigating Dowling regarding the May 12, 2012 incident. The case concluded with no further action against Dowling. The unnamed teenager had the case dismissed.