An off-duty Garda – who has represented Roscommon at senior inter-county football level – got ‘paralytic drunk’ after drinking sambucas during an ‘alcohol fuelled’ stag weekend before assaulting a hotel porter in Ennis, a court has heard.
At Ennis District Court, Judge Alec Gabbett commented: “It is a shame really that but for the isolated incident on a stag night where Caoileann Fitzmaurice drank sambuca he probably wouldn’t be here at all.”
Judge Gabbett said: “Mr Fitzmaurice had four or five drinks and all of a sudden he was paralytic drunk and he had to be brought home. Then he was confronted by this nice man (Olufegun Lawal) who was trying to direct him to the right place when the melee ensued.”
Judge Gabbett said that Mr Fitzmaurice was on “an alcohol fuelled weekend”.
In the case, Caoileann Fitzmaurice (31) who is stationed at Pearse Street Garda Station in Dublin pleaded guilty to assaulting Olufegun Lawal at the Queen’s Hotel, Abbey Street, Ennis in Co Clare on January 21st, 2023.
Judge Gabbett said that he would not be imposing a conviction on Mr Fitzmauraice for the late night assault and instead imposed the Probation Act on the man and made a compensation order for €5,000 which was handed over to Mr Lawal.
Judge Gabbett said that he was not convicting Mr Fitzmaurice of the offence “due to the exemplary fashion in which he has engaged with the Probation Services”.
Judge Gabbett said that the manner in which Mr Fitzmaurice – who has no previous convictions – has met the case “is an example to others”.
He said: “He has met the case head on, shown remorse, apologised, faced up to it and paid compensation.”
He said: “It is a very, very good probation report. Mr Fitzmaurice’s own insight into the offending is excellent which comes out in the report.
Judge Gabbett said: “He has given up alcohol, he has engaged in counselling, he is getting married, he has engaged in very pro-social activities.”
Judge Gabbett said that Mr Fitzmaurice “is a very well educated gentleman and has a qualification in criminology”.
He said: “There is obviously a significant future here for him in his current job with his qualifications.”
Judge Gabbett said that Mr Fitzmaurnce “is mortified” by what occurred.
Judge Gabbett said: “He has received significant publicity for this crime, which is very difficult for his family, his club mates and his colleagues.”
He said: “I am very conscious of the notoriety that this case has brought him – unfortunately Mr Google will follow him around for a long time.”
Judge Gabbett said that he wouldn’t expect to see Mr Fitzmaurice in a court again other than in his role as a state witness.
He said that it is never easy for a member of An Garda Siochana to be before the courts.
Judge Gabbett said that he was conscious of the internal disciplinary proceedings within An Garda Siochana which, he said, will have to happen because it is an assault.
Judge Gabbett said that the significant aspect of the disciplinary proceedings is to get Mr Fitzmaurice “off administrative duties and back to his normal duties of preventing crime”.
Counsel for Mr Fitzmaurice, Cian Kelly BL asked that the case be struck out due to the manner in which Mr Fitzmaurice has met the case.
Judge Gabbett said that he didn’t think it would change the outcome of the disciplinary process if the case was struck out.
Mr Kelly said: “Unfortunately having dealt with the minutiae of that disciplinary process I am very conscious that minute differences have significant ramifications in that process.”
Judge Gabbett said: “The court has come as much as it can in terms of sanction.”
State Solicitor for Clare, Aisling Casey said: “From the very outset, the victim wanted an acknowledgement that he had done nothing wrong and the accused was apologetic to him.” Mr Lawal opted not to provide a victim impact statement to the court.
On his way out of the courtroom, Mr Fitzmaurice shook hands with Mr Lawal.
In the prosecution against Mr Fitzmaurice taken by the Garda Siochana Ombudsman Commission (GSOC), Sarah Jane Comerford BL previously outlined the facts in the case to the court.
Ms Comerford said on January 21st 2023, Mr Fitzmaurice was off-duty on the night, was out with 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 Kelly previously 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 Mr Fitzmaurice is heavily involved in GAA where he is captain of local senior football team, Michael Glaveys in Roscommon.
