Garda Convicted

A garda who got into a row in Cork city while off-duty and knocked a man unconscious has been jailed for six months for assault.




Dean Foley (25), who was stationed in Bantry at the time, pleaded guilty to assault causing harm to Stephen Murphy at Grand Parade in Cork on September 12th, 2009.



The case against Foley - who is currently suspended from An Garda Siochana - is the first to be investigated by the Garda Ombudsman Commission to result in a custodial sentence.



Mr Murphy suffered a broken nose, fractures to his cheekbones, broken teeth and bleeding to the brain in the late night assault which happened after an exchange of words.



Foley, with an address at Tradean, Knocknasuff, Blarney, Co Cork broke down in the witness box at Cork Circuit Criminal Court as he spoke of his remorse for the assault.



He said that one moment of madness had cost him his career and he deeply regretted his actions and the injuries he caused Mr Murphy, who was 29 at the time.



The court heard that Foley had sold his car and his motorbike and borrowed extensively to come up with a substantial sum of compensation to offer to Mr Murphy.



Foley had been with his brother, Travis when words were exchanged with Mr Murphy, who was intoxicated at the time. A row broke out and this escalated into an assault.



Foley was stopped by gardai that night and made a cautioned statement admitting throwing a punch but he had no idea that Mr Murphy was so seriously injured, the court heard.



Mr Murphy wrote to the court and said he had no wish to see Foley go to jail but he was happy to leave the penalty up to the court.



Foley's brother Travis has already pleaded guilty to a lesser charge of assault and is due for sentence in relation to the offence on June 27th.



Judge Seán Ó Donnabháin noted Foley's guilty plea and his offer of substantial compensation but he said that he could not ignore the injuries suffered by Mr Murphy.



Mr Murphy was very intoxicated at the time and it was not a contest of equals, he said as he sentenced Dean Foley to 18 months in jail. The final 12 months were suspended.