Garda who assaulted his wife avoids prison with suspended sentence

Niamh O'Donoghue and Fiona Ferguson

A Dublin-based garda who carried out a “protracted assault” on his then wife, also a member of the force, has walked free from court on a suspended sentence.

Trevor Bolger (48), who was previously attached to Ballymun Garda Station, pleaded guilty at Dublin Circuit Criminal Court to assaulting Margaret Loftus on October 25th, 2012.

On Friday, Judge Martina Baxter gave him a three-month sentence, which she suspended in full on strict conditions.

Judge Martina Baxter heard evidence in the case last year and adjourned sentencing on Friday to allow for a probation report to be prepared.

She further adjourned the finalisation of sentencing last October for an intervention programme assessment, which was mentioned in the probation report.

On Friday, she heard that Bolger has now engaged with the MOVE (Men Overcoming Violent Emotions) programme, which works with domestic violence against women.

He has been assessed by MOVE and accepted to take part in a course between February and September this year.

Bolger is still a member of An Garda Siochana but was suspended in 2018, the court heard.

He had been promoted to the rank of detective and was attached to Howth Garda Station in August 2018. He has no previous convictions and has not come to adverse attention since.

Sentencing Bolger, Judge Baxter noted the maximum penalty for a Section 2 assault is six months’ imprisonment.

Assault

The judge noted Bolger and Ms Loftus were at a family gathering in Mayo for her brother’s 30th birthday party. Bolger became irate about her leaving his side to go and talk to her family in the pub.

Bolger’s bad behaviour continued when he got home, when he hit her in the back and grabbed her by the hair. “To her credit, she ended this marriage,” the judge said.

She noted Ms Loftus was breastfeeding at the time of the assault.

The court heard that in 2018, Ms Loftus initiated her complaint, and Bolger was interviewed in 2018 and 2019.

At this point in the hearing, Judge Baxter addressed Bolger, who was standing as the sentence was being read out.

“Mr Bolger, you can take a seat, I’m going to be a while,” she said.

Judge Baxter said that as a garda, Bolger held a position of trust in society. He assaulted the mother of his two children, “in the privacy of that family bedroom”.

She noted this was aggravated by his use of alcohol. “At the time, he was a serving and respected member of the gardaí,” she added.

The judge noted Bolger is now six years alcohol-free.

Judge Baxter said Ms Loftus had been greatly affected in her professional life, but “has turned her life around and that is to her credit”.

In mitigation, Judge Baxter noted Bolger’s letter of apology and work commendations of him as “someone who is committed to his role in An Garda Siochana” and that he was a “brave member” of the force who volunteers in the community.

The judge said the probation assessment stated Bolger would benefit from its services, adding he has benefited from that and engaged with rehabilitation.

She said he had made a positive contribution to the community, and she accepted “his remorse is genuine and real” and that he was at low risk of reoffending.

She noted that Bolger and his second wife suffered the traumatic loss of their child.

The judge said that outside the family home in 2012, Bolger was a respected member of the force. “Ms Loftus saw another side to Mr Bolger,” she said. Bolger “perpetrated an egregious assault” when he was “held to a higher standard”, she said.

The judge said the offence was at the upper range of such offences, before she set a headline sentence of six months. Custody was “not warranted”, she said, noting he was “not recidivist”.

She sentenced him to three months suspended for a period of three months on strict conditions, including he engage with the MOVE programme and all other appropriate recommendations of the Probation Service.

After the terms of his bond were read out to him, the court registrar asked him if he complied with them, to which he replied: “I do”.

Bolger said: “Thank you, judge” before leaving the dock.

Additional evidence

Judge Baxter noted the case had taken time coming through the system, and she thanked Ms Loftus for her forbearance. The judge said the victim impact statement had been impressive and insightful.

Judge Baxter noted they were both gardaí and were aware of the process. She said Ms Loftus was a strong lady who had been proactive in indicating she was not going to accept his behaviour.

At a hearing last June, Ms Loftus read a victim impact statement to the court in which she described the effects the “protracted assault” had on her.

She said Bolger violently assaulted her that night. “I lost everything,” she said. She said she had a strong sense of truth and justice.

“After this assault it also impacted personal relationships I had within the guards - there was a stigma attached to me for standing up for myself.”

She said it was “used against me while I tried to seek justice for myself” and was as “damaging as the assault itself”.

Ms Loftus also thanked the members of gardaí who investigated the case.

“It has taken 13 years of my life to get to where we are today, but truth and justice must prevail,” she added.

“Trevor Bolger, you have done your level best to destroy me …every day you have broken me,” she said.

“By your own admissions here today .. you are an abuser and a perpetrator of domestic violence,” she said.

She said as a victim of domestic violence, she would like to encourage others to come forward.

Bolger was interviewed voluntarily in December 2018 and twice denied he had engaged in an assault on Ms Loftus.

Cathleen Noctor SC, defending, said her client had been treated for anxiety and depression and had entered a psychiatric hospital following the event. He had brought €6,000 in compensation, which he handed over to the court.

The court heard that Bolger remarried in 2021. A number of testimonials were before the cour,t including one from a retired inspector.

Counsel said Bolger had made a positive contribution to society over his 20-year career. She also asked the judge to have regard to his own circumstances and that his mental health difficulties are ongoing.

Ms Noctor asked the court to have regard to her client's apology, his expression of remorse and testimonials.

Victim statement

"My name is Margaret Loftus. And today marks the end of a very difficult traumatic journey that has taken 14 years and 58 court appearances for me to get to where I am.

"Detective Garda Trevor Bolger, viciously and violently assaulted me in a prolonged attack. By his own admissions before the courts, he is an abuser and a perpetrator of domestic violence. He was granted full legal aid by the court, and took advantage of the judicial system.

"I would like to thank the judge here today, Judge Martina Baxter, for doing the very best that she could do, given what was put in front of her. I would like to thank my husband, Hugh and all of my family for standing steadfast with me throughout this entire process.

"My experience of the criminal justice system has been every bit as damaging as the abuse itself. It has taken us all to our knees. It was so disappointing to see active members of An Garda Siochana openly support Trevor in court, and, by virtue of that, support violence against women.

"I would like to sincerely thank, from the bottom of my heart, the investigation team, in this case who got us to where we are today.

"They had to carry out this investigation in secrecy. They were met with resistance, legal arguments, and long, long legal arguments that complicated the process. They had no choice, like myself, but to accept an unjust plea deal that does not reflect justice.

"I want to specifically mention Detective Garda Rioghnach O’Sullivan, Detective Inspector Denise Donegan, and Detective Inspector Ann Ellis. They personify everything that is good about an Garda Síochána, and they are what every other member in the force should aspire to be like.

"This journey has been extremely damaging for all of us involved. I want to thank every woman who came before me and stood against male violence. You have paved the way for me to have the courage to stand here today.

"Even though justice was never going to be delivered in this case, I urge anyone who is a victim of domestic violence, particularly perpetrated by a member of An Garda Siochana, or otherwise, to please come forward.

"Silence will only ever protect the abusers. Thank you very much."

Statement from An Garda Síochána

Chief Superintendent Ian Lackey from the Organised and Serious Crime Bureau said:  "An Garda Siochana notes the conviction handed down to Trevor Bolger by the court today for domestic abuse-related offences.

"I want to acknowledge the professionalism of the investigation team, the legal team, the court service, and the support groups you have assisted in this case.

"But most importantly, I want to take the opportunity to acknowledge the bravery and courage of Margaret.

"Domestic abuse comes in many forms. It can be physical, on one or many occasions. Domestic abuse can also include emotional and psychological abuse.

"Domestic abuse is overwhelming and can appear as an unescapable, particularly in the instances where the abuser appears to hold a profession or a position of respect in the community, such as in this case, a member of An Garda Siochana.

"An Garda Síochána has a zero tolerance for domestic abuse in society and by its own personnel.

"I thank Margaret for speaking up and coming forward. Taking that first step takes personal courage. You have shown to any other person out there who is in an abusive and controlled relationship that you will be listened to, and you will be heard.

"An Garda Síochána is committed to tackling domestic abuse. When you speak to An Garda Síochána, you will be dealt with, with dignity and professionalism. We will advise and support you, whichever way you want to deal with your individual case.

"To anyone who has, in the past or is currently in an abusive relationship, please contact any Garda Siochana, or in an emergency situation please call 999 or 112. You have done nothing wrong, and you are not alone."

Please take that first step and speak to somebody – a garda, a support helpline, a family relative or a friend. You will be believed.

If you have been affected by any of the issues raised in this article, you can contact Women’s Aid (24-hour freephone helpline at 1800-341 900, email helpline@womensaid.ie) or Men’s Aid Ireland (confidential helpline at 01-554 3811, email hello@mensaid.ie) for support and information.

Safe Ireland also offers a number of local services and helplines at safeireland.ie/get-help/where-to-find-help/. In the case of an emergency, always dial 999/112.