An alleged late night assault by a Limerick man on a female Garda Sergeant in the Clare seaside resort of Kilkee was filmed on a mobile phone, a court has heard.
At Kilrush District Court on Tuesday, Stephen Cotter (19) of Oakfield, Fr Russell Rd, Dooradoyle, Limerick appeared charged with the assault causing harm of Sgt Edel Burke at the Strandline, Kilkee in the early hours of August 1st last.
In court, Sgt Aiden Lonergan stated that there is mobile phone footage of the alleged assault on Sgt Burke.
Giving an outline of the allegation against Mr Cotter to allow Judge Patrick Durcan determine the seriousness of the case, Sgt Katie Carthy told the judge that stills from the mobile phone footage of Sgt Burke falling to the ground and her elbow striking the ground have been handed into court.
Sgt Carthy stated that it will be alleged that at around 1.30am on August 1st at the Strandline, Kilkee, Mr Cotter pushed Sgt Burke to the ground while he was being searched.
Sgt Carthy stated that Sgt Burke falling to the ground “caused serious injury to her elbow and she has extensive tendon damage to her elbow and and shoulder”.
Sgt Carthy stated that Sgt Burke has been out of work since and it is not anticipated that she will back to work for quite some time.
Sgt Carthy stated that the medical consultant looking at the injury has deferred seeing Sgt Burke for three months until the swelling goes down.
She stated: “We anticipate that it could become quite more serious, but we don’t know.
Judge Durcan stated that he was not happy to accept jurisdiction based on the medical evidence and the circumstances.
He stated: “She was a uniformed member of An Garda Siochana where there is an allegation of assault.”
Judge Durcan ruled that the case will be now heard in the circuit court where higher penalties apply for those convicted of assault.
Those convicted of assault causing harm charges in the circuit court face a prison term of up of five years.
Judge Durcan remanded Mr Cotter on bail to re-appear before Kilrush District court on December 15th when a Book of Evidence may be ready in the case.
