A Garda Sergeant convicted of assaulting a man during an arrest in Waterford has been granted a temporary stay on her dismissal from the force. Martha McEnerny received a letter from the Garda Commissioner on Christmas Eve last year informing her that she was being fired.

Sergeant McEnery assaulted Anthony Holness while he was being arrested in Waterford in January 2010. She was 1 of 3 Gardaí convicted last year.

The High Court was told today that the Garda Commissioner wrote to her on December 24th last informing her that she had committed a breach of discipline which permitted him to fire her summarily.

Her lawyers applied for a temporary stay on her dismissal arguing Commissioner Martin Callinan did not take into account all the facts and did not look at the circumstances or background of the case.

They said in similar situations Gardai had been fined but not dismissed. A temporary injunction was granted and the case returns to court in May.