Former Kildare gardaí reveal impact of assault

A NEWBRIDGE teenager whose violent assault on two female members of the drug squad saw them hospitalised, off work and sports and ultimately transferred away from Kildare, was jailed for a total of 22 months this week (3 April).

“This is unacceptable behaviour. If everybody in the country acted like this, the country would be lawless,” said Judge Desmond Zaidan.

Cathal Keenan with an address at The Heath, Liffey Hall, Newbridge appeared in Naas District Court to plead not guilty to the assaults causing harm to Garda Zoe McInerney and Garda Lorraine Foran, as well as one count of obstruction at The Hall, Curragh Grange on the night of 22 April 2024.

Garda Foran was first in the witness box and explained how herself, Garda McInerney and colleague Garda Vincent Teehan were on duty in plain clothes with the Newbridge Drugs Squad on patrol in the Curragh Grange area on the evening in question in an unmarked garda car.

She spoke of how they noticed two males walking along who got “fidgety” when they gave them a flash of the blue lights.

When they got out, identified themselves as gardaí and informed the two they were about to carry out a drugs search under the Misuse of Drugs Act, the defendant’s associate took off running and was pursued by Garda Teehan.

Garda Foran said 19-year-old Mr Keenan then tried to make his getaway on the bike he had with him as she and Garda McInerney then began to detain a “highly aggressive” Mr Keenan.

He refused to get into the squad car and they could only manage to get one hand into cuffs, when he began “swinging and flailing” against the two officers on the footpath, causing all three to fall into the road, with the defendant landing on the two gardaí.

At this point, Garda Teehan returned after an unsuccessful pursuit and assisted his colleagues in detaining and arresting Mr Keenan.

Garda Foran detailed her injuries to Judge Zaidan and said that by landing on the road still handcuffed to one arm of the defendant, who landed on top of her, she tore the AC rotator cuff in her shoulder.

This led to her not being able to raise that arm for a number of weeks, saw her off work for five weeks, led to her being unable to pursue her hobby of swimming and that she still feels pain in it.

Garda Foran explained how this assault was the straw for her camel’s back, and led to her transfer to Mallow, Co Cork.

Garda McInerney gave similar evidence.

She said that when Mr Keenan was refusing to enter the patrol car, “he tried to do anything to flex, was very abusive … even when we threw his mobile phone in the car, he still attempted to resist.

“We got one handcuff on, but he was still swinging … I couldn’t use my (pepper) spray because of proximity (to Garda Foran) … then the three of us fell into the road,” she said.

This caused her to sprain her ankle, saw her off work for three weeks, only returning to soccer and hurling in January, and subsequently getting a transfer to Limerick city.

In cross-examination, she said: “People don’t run away if they don’t have anything to hide.” 

Garda Teehan gave evidence of when he returned from the unsuccessful chase. 

“I saw my two colleagues on the ground really struggling with Mr Keenan … he was always resisting … putting his legs on the door, always resisting.” 

Mr Keenan then took to the witness box and said on the night in question he was 18 and had just dropped his gym bag at home.

“It’s a nice area … I didn’t see them come up behind me, asked me my name, which I gave … I didn’t see any badge … I let them search me, they didn’t find anything … I was pointing to my house, they started getting aggressive, angry, threatened pepper spray, tripped me up and I banged my head … I fell over and all three went down,” he said.

He claimed he was “shocked and confused … they said I was suspicious … I had to get an MRI for my head injury”.

After a cross-examination with Inspector Brian Norton, Judge Zaidan began his summation.

“When the gardaí got out of the car, one of them legged it. Why wasn’t that addressed?” he asked.

“You can see how that started the ball rolling … I can draw my own inferences from that,” he said.

“The evidence of the three guards was his intention was to flee (on the bike) as well.

“Whatever suspicion was in the car, it would’ve gone to the high end as soon as one took off.

“He put up resistance, and a violent resistance, and these injuries support that.

“The guards weren’t sent out to assault anyone, they didn’t stop them for no reason.

“Obviously, in coming to a conclusion, the court has to apply a bit of common sense and bring a bit of reality to what happened.

“Having considered all the evidence and submissions, the court is satisfied the state has proved all three charges beyond all reasonable doubt."

The judge subsequently read both victim impact statements, where Garda McInerney said the “worst incident in four years in the drugs squad in Kildare affected my confidence”.

Garda Foran: “I’ve stopped and searched hundreds and this is the one that stays with me.” 

Mr Keenan was then sentenced to 11 months on each assault count, with the judge ruling that they run consecutively.

He set an appeal bond at €1,000.