Garda who assaulted wife gets suspended sentence at Dublin Circuit Criminal Court

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 25, 2012.

This afternoon, Judge Martina Baxter gave him a three month sentence, which she suspended in full on strict conditions.

The court heard the maximum penalty for the assault, under Section 2 of the Non-Fatal Offences Against the Person Act which is normally dealt with summarily in the District Court, is six months imprisonment or a fine.

Detective Garda Rioghnach O’Sullivan previously told the court that in October 2012, the then couple had travelled to her home county in Balla, Co Mayo for a family event.

Bolger was irate because Ms Loftus spoke to her family and did not stay by his side and he sat at the bar drinking for the night, the court was told.

When they returned home to her childhood bedroom in which they were staying, he hit her in the back and grabbed her by the hair while she begged him not to hurt her.

She described it as a “protracted assault” which was “terrifying” and she feared that if she had stayed with him she would have been killed so ended the marriage the next day.

Det Gda O’Sullivan told the court that the following afternoon “she had her father stand beside her while she told him [Bolger] that their marriage was over”.

Judge Martina Baxter heard evidence in the case last year and adjourned sentencing to today 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.

Today 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 Siochána 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.

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 gardai,” 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 Siochána” 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 Bolger and his second wife suffered the traumatic loss of their child.

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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 gardai 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 gardai 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 re-married in 2021. A number of testimonials were before the court 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.

Garda statement

Chief Superintendent, Ian Lackey from the Organised and Serious Crime Bureau made the following statement in relation to the case:

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 once 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 Siochana 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 Siochana is committed to tackling domestic abuse. When you speak to An Garda Siochana, you will be dealt with, with dignity and professionalism. We will advise and support you, whatever 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.