'Stalker' garda has chance to avoid criminal conviction at Kildare court
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A detective garda from Dublin who stalked his Kildare ex “like an animal”, causing her to “look over my shoulder for a year”, leave social media and change all her routines has been ordered to be reassessed for a further restorative justice programme to see if he’s suitable, with a final decision to be made in July.
“If I have it definitively from Ms Cowzer (probation officer who wrote the report in court) that this won’t happen again. If I have that I’m totally covered,” said Judge Desmond Zaidan.
“I’ll not contemplate a custodial sentence, but I can’t give him a full chance (Probation Act) without you guys (probation officers),” he added.
The man appeared in Naas District Court last week (22 May) charged with a breach of a protection order on New Year’s Day 2023. Reporting restrictions apply in the case.
The offence occurred at a location in Kildare where he followed his ex and her dinner date to a restaurant and confronted them.
The defendant and the injured party had had a dinner over that Christmas and he had been under the impression they “might get back together again”.
He had seen her get into a car with another man on New Year’s Day, followed her to the restaurant and confronted them.
According to the injured party, who gave evidence on his last appearance in December 2023, “he stalked me like an animal from my home to the restaurant, approached me on foot and tried to get me to go outside with him”.
“He took the registration and abused his position as a guard,” she alleged.
“I’ve had to sleep with the lights on … he has berated me monthly, physically and emotionally, made me feel worthless … I’ve spent the last year looking over my shoulder … my daughter no longer sleeps in her bed but with her mam … I’ve had to change my routines … these have been very dark days, he has ruined my life … I just want to be me again,” she said.
This week in court, Judge Zaidan held the updated report that he had ordered 17 months ago and noted the defendant had completed the Spousal Assault Risk Assessment and the Men Ending Domestic violence (MEND) programme.
Defending solicitor Damien Coffey appealed for the case to be struck out, although the facts could be marked proven.
He argued this in light of his client’s engagement with supports, that he was now off suspension and back on active service, and that there has not been a single incident regarding the injured party since.
Sergeant Dave Hanrahan for the state confirmed that there had not been a single incident reported by the injured party since the day in question.
“This was complete jealousy and he completely lost the run of himself,” said the judge.
“It was a temporary, momentary loss of self-control,” argued Mr Coffey.
“His career is still in peril … but over the last 17 months (since pleading guilty) my client has demonstrated that this will never happen again,” he said.
“This was appalling and shocking behaviour … a young woman out for a meal with a friend, and this guy out of jealousy did what he did,” said the judge.
“His whole mindset spiralled out of control, and you’re lucky she got the gardaí involved when she did, because this could’ve ended horribly,” he added.
“The victim impact statement was very strong. First and foremost, he’s a human being, but he has to do the garda job and you’d think that sometimes he has had to deal with a domestic violence situation.
“A fine or a peace bond would have serious effect on his job, and he could lose his job, but I won’t strike out (the charge), the alternative is S1(i) of the Probation Act.
“A full fit of jealousy, and he made a fool out of himself … (but) this offence wasn’t committed as a garda, but on personal time, and that is a subtle difference … but this has had some effect on the woman, no doubt,” said the judge.
He then turned to the attending probation officer to ask the absent Ms Cowzer for the further assessments to be made before he could give a final ruling and remanded the defendant on continuing bail until 21 July to facilitate this.
