A garda who left a teenage father humiliated on a Dublin street by repeatedly pouring puddle water over his tracksuit bottoms in an act described as “very deliberate degradation” has had his two-month jail sentence replaced with community service on appeal, reports Breaking News.
Eoghan McGowan (29) was a serving garda when he assaulted the 17-yr-old, who was in State care at the time. The victim said McGowan remarked “you’re p**sing yourself” while carrying out the act.
McGowan has since apologised, and the District Court Appeals Court heard that the victim had forgiven him, reports Breaking News.
McGowan had pleaded guilty in the District Court to assaulting the minor on January 9, 2023, at Granby Place, Dublin 1, under section 2 of the Non-Fatal Offences Against the Person Act, 1997. He was originally sentenced to four months in custody with two months suspended.
He appealed the conviction, later limiting the appeal to the severity of the sentence.
David Power, an investigating officer with Fiosru, confirmed that McGowan was a member of An Garda Síochána at the time.
The incident occurred when the injured party, who had been at the Rotunda Hospital with his partner, walked home while on the phone. An unmarked Garda vehicle driven by McGowan pulled up beside him, and the four gardaí inside did not identify themselves, reports Breaking News.
McGowan took the teenager’s phone and searched him, bending his leap cards and putting them back, rendering them unusable. The teenager’s phone was returned, but when he allegedly called the gardaí a name, two officers restrained him in a “goose neck hold” while McGowan poured puddle water over his tracksuit bottoms twice, repeating the act, and made humiliating remarks.
CCTV footage showed the events, and the victim remained visibly upset throughout, speaking on the phone with his partner, who overheard the assault, reports Breaking News.
During the District Court proceedings, McGowan offered €5,000 to the victim as a gesture of remorse, which was paid. Two other officers involved were also prosecuted, but their charges were dismissed.
In a victim impact statement, the teen, now 19, said the assault occurred on the day his baby was born and left him feeling humiliated, angry, and scared. He described being left “dirty and overwhelmed” on the street and said he still feared further encounters with gardaí, reports Breaking News.
Defence counsel Keith Spencer argued that no physical force was used initially and that McGowan deeply regretted his actions, having written a heartfelt apology. The victim had forgiven him, and they exchanged pleasantries outside the courtroom, reports Breaking News.
McGowan remains suspended from An Garda Síochána. Defence counsel highlighted his previously unblemished record and stressed that this was his first offence.
Judge Sinéad Ní Chúlacháin said there was no lawful authority to search the teen and described the act as “very deliberate degradation,” aggravated by the victim being a child in State care and occurring on the day of his child’s birth.
Considering McGowan’s guilty plea, acceptance of apology by the victim, good character, and low likelihood of reoffending, the judge replaced his custodial sentence with 60 hours of community service and ordered an additional €5,000 payment to the victim, on top of the €5,000 already given, reports Breaking News.
The judge also asked that the victim be informed that she was pleased to see he was doing well and wished him the best with his child.
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