An off-duty Garda - who has represented Roscommon at senior inter-county football level - was “exceptionally intoxicated” when he assaulted a hotel porter late at night in Ennis, a court has heard.
At Ennis District Court, Roscommon man, Caoileann Fitzmaurice (31) and who is stationed at Pearse Street Garda Station in Dublin has pleaded guilty to assaulting Olufegun Lawal at the Queen’s Hotel, Abbey Street, Ennis in Co Clare on January 21st, 2023.
In the prosecution against Mr Fitzmaurice of Colliers Avenue, Ranelagh, Dublin 6 taken by the Garda Siochana Ombudsman Commission (GSOC), Sarah Jane Comerford BL outlined the facts in the case to the court.
Ms Comerford (instructed by State Solicitor for Clare, Aisling Casey) said on January 21st 2023, Mr Fitzmaurice who is a Garda, but was off-duty on the night, was out of friends in Ennis and he was brought back to the Queen’s hotel by a number of friends.
Ms Comerford said: “He was exceptionally intoxicated and in a confused state and was brought back by friends for the purpose of putting him to bed.
“But they left him in the care of hotel porter, Mr Lawal and asked Mr Lawal to bring him up to his room."
Ms Comerford said: “Unfortunately Garda Fitzmaurice was in such an intoxicated state that he started walking around the hotel. He was very disoriented - he dropped the key to his hotel room and Mr Lawal who was at all times trying to assist him picked up the key and at that point, Garda Fitzmaurice struck him two times - once in the nose and once in the left eye and Mr Lawal caught the third blow.
She said: “Mr Lawal suffered a bloody nose and he did get some medical attention later that morning."
“The incident spilled out onto the street where a witness saw Mr Fitzmaurice holding onto Mr Lawal and kicking out. The incident was also captured on CCTV footage."
Mr Lawal was present in court and Ms Comerford said that “he has declined to give a victim impact statement and is very happy with the guilty plea".
Ms Comerford said the guilty plea in the case was indicated last week and Judge Alec Gabbett said that it was a very early plea.
On behalf of Mr Fitzmaurice who was also present in court, Cian Kelly BL told the court that what occurred on the night “was completely out of character” for Mr Fitzmaurice.
He said: “There was no attempt at any stage during the course of the whole thing by Mr Fitzmaurice to invoke his status as a member of An Garda Siochana.”
Mr Kelly asked Judge Gabbett that he would not convict his client and said that Mr Fitzmaurice has offered €5,000 in compensation to Mr Lawal.
He said that Mr Fitzmaurice attested as a Garda in 2017 and is stationed at Pearse Street Garda station
He sad that prior to the Ennis incident Mr Fitzmaurice was a Garda on beat patrol and is currently on Garda office duties/
Mr Kelly said that his client “has never had an incident at work and has no previous convictions of any kind".
Mr Kelly said that Mr Fitzmaurice “is very apologetic”.
He said that Mr Fitzmaurice is currently engaged to be married this year and is heavily involved in GAA where he is captain of local senior football team, Michael Glaveys in Roscommon.
Ms Comerford said that Mr Lawal has stated that he would accept the offer of €5,000 compensation.
Judge Gabbett said that he noted the offer of €5,000 compensation, adjourned the case to June 25th for finalisation and ordered a Probation Report on Mr Fitzmaurice for the adjourned court date.
