An off-duty Garda became “paralytic drunk” after consuming sambucas during a stag weekend and subsequently assaulted a hotel porter in Ennis, a court heard.
“It is a shame that but for the isolated incident of drinking sambuca on a stag night, Caoileann Fitzmaurice likely wouldn’t be in this situation.”
“Mr. Fitzmaurice had only four or five drinks, but he suddenly became paralytic and had to be escorted home. He was then confronted by Mr. Olufegun Lawal, who was kindly attempting to direct him, when the altercation occurred.”
Caoileann Fitzmaurice, 31, stationed at Pearse Street Garda Station in Dublin, pleaded guilty to assaulting Mr. Lawal at the Queen’s Hotel, Abbey Street, Ennis, Co Clare, on January 21, 2023.
Judge Gabbett opted not to impose a conviction on Mr. Fitzmaurice, instead applying the Probation Act and issuing a compensation order of €5,000 for Mr. Lawal.
The judge stated that he was not convicting Mr. Fitzmaurice “due to the exemplary manner in which he has engaged with the probation services.”
Judge Gabbett praised Mr. Fitzmaurice — who had no prior convictions — saying he has handled the case in a way that “is an example to others”.
He has met the case head on, shown remorse, apologised, faced up to it and paid compensation.
“He has given up alcohol, engaged in counselling, is getting married, and participates in very pro-social activities.”
Judge Gabbett noted that Mr. Fitzmaurice “is a very well-educated gentleman with a qualification in criminology.”
He acknowledged the difficulty for a member of An Garda Síochána to be in court. He also mentioned the internal disciplinary proceedings within An Garda Síochána, which he said would be necessary due to the assault.
Judge Gabbett emphasized that the goal of the disciplinary proceedings should be to allow Mr. Fitzmaurice to “return from administrative duties to his normal duties of preventing crime.”
Cian Kelly BL, counsel for Mr. Fitzmaurice, requested that the case be struck out due to Mr. Fitzmaurice’s handling of the situation. Judge Gabbett responded that striking out the case would likely not change the outcome of the disciplinary process.
Upon leaving the courtroom, Mr. Fitzmaurice shook hands with Mr. Lawal.
In the prosecution brought by the Garda Siochana Ombudsman Commission (Gsoc), Sarah Jane Comerford BL previously detailed the case’s facts to the court.
Because of Mr. Fitzmaurice’s intoxication, his friends entrusted him to the care of hotel porter Mr. Lawal, asking him to escort him to his room.”
Ms. Comerford stated: “Unfortunately, Garda Fitzmaurice was so intoxicated that he began wandering around the hotel. He was very disoriented, dropping his hotel room key. Mr. Lawal, who was consistently trying to assist him, picked up the key, at which point Garda Fitzmaurice struck him twice – once in the nose and once in the left eye. Mr. Lawal blocked the third blow.
“Mr. Lawal suffered a bloody nose and received medical attention later that morning.”
“The incident continued outside, where a witness saw Mr. Fitzmaurice holding onto Mr. Lawal and kicking out. The incident was also recorded on CCTV footage.”
