A PUBLIC order charge against Garda Pat Keating was dismissed at Ennis District Court, after his legal team submitted there was a conflict of evidence between witnesses.
Garda Keating (33), who is based in Shannon, was accused of engaging in offensive conduct in the carpark of the Shannon Knight’s pub, in the early hours of March 13, 2004. He denied the charge.
Garda Keating’s then girlfriend Eavan Drysdale, of Ballycasey, Shannon, told the court that the accused’s behaviour worried her.
“I got very nervous because I saw Pat’s behaviour that evening. I noticed he was getting quite drunk and aggressive,” she said.
She said he wanted to go home to her house in Shannon that night.
“I didn’t want him coming home that night. I asked him for the key. He wouldn’t give it back to me. I tried to avoid him as I was getting embarrassed,” she said.
She said she then decided to stay at a friend’s house.
Ms Drysdale wept in the witness box as she recalled the events of the night. “He just wouldn’t let me go home to my house. He wouldn’t take no for an answer. He had come back to my home a number of times uninvited, very drunk and wouldn’t leave,” she said, adding that she was “terrified”.
She said she got into a taxi to go home with her friends, and he tried to pull her out of it.
She said she had very little to drink on the night in question.
“The type of relationship I had with Pat Keating was a roller coaster ride. He was very unpredictable . . . I had my mind made up. This man was bad news,” she said.
But Keating’s Counsel Pat O’Connell replied, “You are trying to blacken Mr Keating. You had drink taken. You were drunk and argumentative.” She denied this.
“The only pulling involved was he was trying to get his keys off you. He never tried to pull you from the taxi and he never gave you any abuse,” said Mr O’Connell to Ms Drysdale.
“Your complaint stems from the breakdown of your relationship with Pat Keating and nothing else,” he added.
Another witness, who was in the taxi, said the accused tried to take Eavan Drysdale out of the taxi, while a statement from another woman who was there, concurred.
However, the driver of the taxi, Robert Martin, said Keating was trying to get a bunch of keys from Ms Drysdale.
“I asked him to leave it ‘till another day. He put his two hands up and walked away. He was just looking for something Ms Drysdale had in the minibus. He was no more drunk, or sober, than anybody else,” he said.
Keating’s barrister submitted that there was a “serious conflict” of evidence. He said the offence with which Pat Keating was charged referred to a particular time between 12 midnight and 7am, but that no specific time was referred to by any of the witnesses.
Judge Mangan agreed that no specific time had been mentioned.
“I believe the most reliable witness is Mr Martin. His evidence weighs very heavily with me and his evidence totally exonerates Mr Keating,” said the judge.
He added that there was a conflict between witnesses regarding how much alcohol Ms Drysdale had consumed on the night.
“In all circumstances, I believe it would be inappropriate to compel the defendant to go into evidence. I am dismissing the case,” said the judge.