Judge sentences male garda who sexually assaulted female colleague

A FEMALE garda was sexually assaulted by a male colleague after a number of guards had been on a night out, Tullamore Circuit Court heard.

Judge Keenan Johnson imposed a three-year sentence, with the final two years suspended, on Anthony Gath, 31, Bunaterin, Tullamore, Co Offaly.

He had been found guilty in a trial earlier this year of sexually assaulting the female garda at her home on June 27, 2019.

The court heard Mr Gath had recently been dismissed from his position as a member of An Garda Siochana. He had worked in a different location from the victim in the Leinster area.

At the sentencing hearing today (Wednesday, December 7), Judge Johnson said Mr Gath had been friendly with the victim and the evening prior to the offence they both had been at the races and had then gone on to a hotel with other colleagues.

After that they went to the victim's apartment and she went to bed because she was on duty the next day.

Mr Gath who “had a considerable amount of drink taken” came to her room along with another female garda and it was arranged that he would stay the night, sleeping in the victim's room.

The judge said the victim did not have any recollection of Mr Gath getting into the bed but she did recall being woken during the night and could feel the man's hand under her underwear.

She told him to get out of the room and was extremely distressed and phoned her friend who was still in the apartment.

They, along with another female friend, then went looking for Mr Gath and found him in a bathroom with his hands on his head in a distressed state.

Mr Gath then left the apartment and subsequently made a phone call to one of the women saying he was down by a river. The others were concerned about what he would do.

He sent a message to the victim the following day which incriminated him because in it he said he had done something outrageous.

The judge said the victim was very distressed and she was in a difficult position because she was a serving member of the gardai.

Subsequently she told a colleague and a meeting took place with superior officers and an investigation took place, though the victim did not want to make a formal complaint.

Judge Johnson said the gardai were nonetheless obligated to investigate the matter and statements were taken from the victim which were corroborated by the other women who were there on the night.

The accused man said he had been present but he denied committing sexual assault and he was convicted after a two-day trial.

The judge said the gardai had not been found wanting in investigating the matter and that showed a large degree of independence on behalf of An Garda Siochana. He said the gardai should be commended.

Judge Johnson said the offence represented an extremely grievous breach of trust on Mr Gath's part as he had invaded the personal space of the victim in the most egregious way imaginable in her own home.

It was quite clear from a victim impact statement that the assault had a profound negative impact on her and she continued to find it difficult to deal with it.

He commended her for the stoicism and bravery she had shown in seeing the prosecution through which is important to call out that type of behaviour and see that those responsible are held to account.

The accused had no previous convictions and a probation report made it clear he was extremely apologetic, not only to the victim, but also to his family and his former garda colleagues.

The loss of his job by Mr Gath was a “huge punishment” for him because being a guard was his life's ambition and he had been working well.

He would now be put on the sex offenders' register which would involve him meeting with gardai four times a year to review his situation.

Judge Johnson said the offence was a gross breach of the victim's bodily integrity. Two years of the three-year sentence were suspended on entry of a €500 peace bond by the accused and he was also ordered to remain under the supervision of the probation service for 12 months.

Because of the “time of year” he ordered that the sentence commence on January 10 next and Mr Gath must present himself to a garda station on that date.