Judge queries conflicting accounts of assault on girl in Portlaoise

A Judge decided not to finalise a case of a woman who had pleaded guilty to assaulting a girl despite not fully accepting the victim’s version of events. 

Sarah Guilfoyle, (23), of 34 Roselawn, Harpurs Lane, Portlaoise, was accused of assault causing harm at Fairgreen, Portlaoise on August 30, 2024.

The accused, who is a healthcare worker with no previous convictions, brought a sum of €2,000 in compensation to court a week earlier and had a further €1,000 in court last week. 

Judge Susan Fay said there appeared to be a dispute of the facts and she suggested adjourning the case. 

“From reading the probation report it appears that she is disputing the facts as alleged by the injured party,” said Judge Fay. 

“It may be that your client wished to resile from her plea,” she said. 

Mr Fitzgerald said there was a plea in specific circumstances and the allegation in substance was accepted. 

“In my view and having considered this very carefully, there is a significant disparity in the facts,” said Judge Fay. 

She put the case back to after lunch in order for Solicitor Barry Fitzgerald to discuss the matter with his client. 

When the case was called again, Mr Fitzgerald said his client was anxious to have the case dealt with. He said the medical evidence would be key to determining the facts. He said certain redactions had been made to the victim impact statement. 

Judge Fay said a “child” had been the victim and the child had claimed it was an unprovoked attack. 

Mr Fitzgerald, who previously said the injured party was 17, said his client had handed over €2,000 and had a further €1,000 in court. He said his client had “glowing reports” and reports from work. 

“This appears to be an isolated incident which goes against the grain of everything she has done in her life,” he said. Mr Fitzgerald said it has been a “traumatic experience” for his client.   

Judge Fay asked “does she accept the facts as set out?” 

Mr Fitzgerald said the facts were accepted but the reports revealed a “divergence” in the matter but he asked the court to take a pragmatic approach as he said his client was paying a hefty price. 

“The injured party herself didn’t show up for any follow up report,” he said. He said the extent of the injuries were bruising.  He said there was a further €1,000  in court as a tangible expression of remorse. 

Judge Fay asked Garda Sergeant Jason Hughes to outline the facts in the case. 

Sgt Hughes said the injured party reported that she was getting food with friends in Fairgreen. She was in the back of a car eating food when a woman approached “yelling at her” and then “punched her in the head, chest and face.”  He said the injured party suffered bruising to her left eye. 

Mr Fitzgerald said “there was a plea to the allegation”. He said the medical evidence would place the Section 3 assault in the lower end of such offences. He said the victim made a three page victim impact statement but wasn’t willing to participate in follow up reports.

Judge Fay said there remained a dispute of the facts. He said the accused entered a plea in her absence when she was on holiday in June.

Mr Fitzgerald said his client had engaged fully with authorities since the matter was brought to court. He said the “injured party didn’t engage in the restorative justice process.” 

Mr Fitzgerald said there had been a dispute between another lady and his client. He said his client maintains the injured party intervened in a verbal dispute between the women. 

Judge Fay noted that in her probation report the woman claimed that the injured party began  shouting and spitting at her and that she reacted by slapping the injured party. 

Mr Fitzgerald said he would be requesting a return of the €2,000 if the case was going to a hearing.  “I don’t think my instructions are going to change judge,” said Mr Fitzgerald.  

Judge Fay said she believed a Newton hearing would be needed to establish the facts but her understanding was that she couldn’t order one. “Sergeant, it might be something that the State could follow up on,” she said. Judge Fay also suggested that gardai could canvass the opinion of the injured party to “see if the injured party agrees with the defendant’s version.” 

“I am going to look into whether I can order a Newton hearing,” said Judge Fay. She adjourned the case to Portlaoise District Court on November 3 and said the defendant is excused from attending on that date.