Courts / Waterford / Report
Garda sergeant convicted of assault loses challenge over dismissal
Summary
Martha McEnery, a Garda sergeant, was convicted of assault in 2011 and received a four‑month suspended sentence. The conviction arose from an arrest in Waterford in January 2010. The Court of Criminal Appeal dismissed her appeal. The Garda Commissioner, citing a breach of the 2007 Garda Siochana Discipline Regulations, recommended her dismissal. McEnery challenged the dismissal in judicial review, arguing that a criminal conviction alone could not justify summary dismissal. The High Court, presided over by President Nicholas Kearns, rejected her application. The judge found that the Commissioner had the authority to dismiss without an inquiry, that the breach was sufficiently grave, and that McEnery had not established any factual basis for discrimination or disproportionate treatment. The decision was upheld as rational and procedurally sound.
Who, what, where, when and why
What: Report matter: Garda sergeant convicted of assault loses challenge over dismissal. Procedural stage: hearing_or_decision
When:
- January 2010 Incident
- March 2013 Other
- Christmas Eve 2012 Incident
- 2014-11-20 Publication
Why: "There can be no doubt as to the reason for the decision, namely the breach of discipline in the form of the conviction for assault, which left the Commissioner satisfied that the breach of discipline was of such gravity as to merit dismissal," the judge said. CNI source report
Places mentioned
- High Court
Topics
Stage Hearing Or Decision Violent Crime
Related court reports
- Mentally ill man who put fellow psychiatric patient in chokehold to be immediately released into care of UK parents
- Former Christian Brothers accused of breach of duty to be named in national newspaper
- Murderer claims reference to Conor McGregor brought 'toxic masculinity' baggage
- Combined 15-year sentence for violent rape and abuse is upheld
- High Court to consider publishing names of 340 former Christian Brothers
- Disability charity boss wins record €323k for 'egregious' whistleblower penalisation
Help us improve this report
Your request is saved for the newsroom's next review. It does not immediately change the published report.
Prefer email? Send a correction request.