THE CASE of a Carlow woman accused of assaulting a Garda was thrown out in court last week, as the Judge found that the evidence against her was inconsistent and a custody record from the Garda Station wasn't properly completed.

Ann Mulhall, of 15 Shaw Park, denied assaulting Garda Mark Bolger at Carlow Garda Station on October 5, 2008, when she appeared before the District Court on Friday.. She also denied being drunk and disorderly and failing to comply with the directions of the Gardaí on Tullow Street, Carlow, on the same date.

The court heard that at approximately 2.40 a.m., Gardaí came across two young men fighting outside AIB on Tullow Street and that there was blood on one of the young men's faces. Both were shirtless and when the Gardaí were sorting the matter out, Mulhall came over to them, stating that she was related to one of the men.

Several Gardaí who attended the scene gave evidence, including Sergeant Margaret Kennedy. She first agreed with solicitor Michael Lannigan that during the incident, Garda Bolger was in the patrol van and that he pulled Mulhall by her hair into the van. She later said that this allegation was incorrect and that Mulhall had punched Garda Bolger instead.

Garda Ciarán Shiels, who was sorting out the fight between the two men, said that as he was putting the men into the van, 'things got heated' with Mulhall and that she got 'very aggressive.'

He continued that he saw Mulhall hitting Garda Bolger with an umbrella and that he couldn't say if any of the defendants had been handcuffed while in the patrol van.

Judge Harnett observed that allowing defendants into a Garda van 'reeked of negligence', adding that it was dangerous.

He said that the situation should have been controllable because there were four sober Gardaí to sort out two drunken men.

Judge Harnett went on to describe the evidence as 'unclear' because one Garda said that Mulhall's relative was already in the van when she got involved, while another Garda said that she tried to prevent him of being put into it.

Garda Mark Bolger said that he'd gone to assist his colleagues in sorting out the fight outside the bank and that Mulhall approached him, drunk. He said that Mulhall shouted that they couldn't arrest the young man because his sister was a member of the Gardaí and that she then tried to stop them from putting the young man into the patrol van.

He said that when he tried to get her to leave the scene, she became abusive, calling him ' a pig, a b****cks and a b*****d' before hitting him in the face with her brolly.

Garda Bolger said that she hit him again when he tried to restrain her and again when he brought her to Carlow Garda Station.

He said that outside the bank, Mulhall fell back into the van and that he then closed the door of the cage in the van on her.

Under cross-examination by Mr. Lannigan, Garda Bolger denied that he hit Mulhall, stating 'I didn't lay a finger on her.'

Mr. Lannigan told Judge Harnett that he'd written a formal letter of complaint about the incident on behalf of Mulhall, stating that his client had been assaulted and that she was traumatised by the whole affair.

Garda Joe Regan, who was the Member in Charge at Carlow Garda Station on the night, said that he filled out the custody record while Mulhall was detained there.

He said that he saw Mulhall strike Garda Bolger with her handbag and she was kept in a cell overnight for her own safety.

However, when Mr. Lannigan requested to see the Mulhall's custody record, he noticed that a crucial section, about possible injuries to the defendant, had been left blank.

Judge Harnett then stopped the case because of the 'constant contradictions from people who are professionals.'

When Mr. Lannigan made a submission to get all charges against Mulhall dismissed, Judge Harnett complied.

'I absolutely agree with you,' he said. 'I've no option.'