Cork Garda sergeant loses her appeal against assault conviction
on 15/10/2012 15:11:36
Sergeant Martha McEnery from Co Cork was given a four-month suspended sentence last year in connection with the attack on 39-year-old Anthony Holness in January 2010.
Last June, she secured a High Court injunction stopping her dismissal from the force until the outcome of her appeal.
A former garda John Burke is also appealing his conviction in connection with the same attack.
He received a 12-month jail sentence for intending to pervert the course of justice by diverting a CCTV camera from the assault.
CCTV footage shows gardaí repeatedly striking Mr Holness as he lay on the ground in the course of his arrest for public order offences.
However, on at least two occasions the garda camera veers off to the right, away from the assault.
Former garda John Burke claims he accidentally knocked the camera in the garda control room but his lawyers have failed to get his conviction for intending to pervert the course of justice overturned.
They had fought the case on a number of grounds including a claim that the prosecution had failed to tender a relevant witness.
However, the court found the trial judge had dealt properly with all the relevant issues and had delivered an impeccable charge to the jury.