A new charge of harassment has been dropped against a garda who was previously found not guilty by reason of insanity for harassing a married female sergeant.
Garda Donal Maguire (aged 40) suffers from early onset dementia and was last month committed to the Central Mental Hospital (CMH) at the end of a trial at Dublin Circuit Criminal Court.
That trial heard he sent the woman a Valentine’s Card, numerous emails and a friend request on Facebook despite having been warned by his superiors not to have any contact with her.
Gda Maguire (aged 40) of Bundoran, Co Donegal had pleaded not guilty by reason of insanity to two counts of harassing the woman at a location in Dublin on dates between February 18 and March 11, 2012 and between August 1, 2012 and February 4, 2013.
The jury of nine men and three women returned a verdict of not guilty by reason of insanity following an hour of deliberations.
Mr Maguire was also facing trial on a charge of harassing a woman at place in Dublin on dates between February 1 and March 19, 2014.
Today Pieter LeVert BL told Judge Melanie Greally that the Director of Public Prosecutions was entering a nolle prosequi in the second case.
Two forensic psychiatrists told Gda Maguire’s trial last month that he was suffering from a mental disorder at the time and lacked the ability to form intent, as set out under the Criminal Law (Insanity) Act 2006.
The jury heard that Gda Maguire had been diagnosed with frontotemporal dementia, which at his age was considered early onset dementia.
The symptoms include erotomania, a delusion in which a person believes that another person, typically of a higher social status, is in love with them.
The disorder also meant that Gda Maguire was increasingly inappropriate in his actions, had a loss of empathy, was unable to understand the impact of his behaviour, has a lack of judgement and an inability to inhibit his own actions as well as a lack of interest in his personal hygiene.
The court heard that the harassment impacted on the woman’s work and family life and caused her great stress.
She felt physically sick, annoyed and concerned on receiving the communications from Gda Maguire.
She was granted annual leave following the Facebook contact from Gda Maguire because her superiors believed she was not in “a fit position to do her work”.
Judge Elma Sheahan said she was satisfied that Gda Maguire was suffering from a mental disorder and that he should be committed to a special designated centre.
She ordered that he be detained at the CMH for inpatient care and treatment until further order.
