Student sent for trial accused of repeated lewd acts outside woman's workplace
Rishabh Mahajan, 30, from India but with an address in Smithfield, Dublin 7, was charged with three counts under the Criminal Law (Sexual Offences) Act 2017 for exposing himself to cause fear, distress, or alarm to another person.
Dublin District Court had ruled that the case was too serious and should be dealt with at a higher-level court which has wider sentencing powers.
Mr Mahajan appeared before Judge Treasa Kelly on Friday, and the prosecution served him with a book of evidence. Judge Kelly made an order sending him forward for trial to the Dublin Circuit Criminal Court, where the case will be listed for mention on October 9.
She agreed to a request from defence counsel Paddy Flynn, instructed by solicitor Tracy Horan, to grant legal aid to the accused, who remains on bail with conditions.
Alleged offences in 2024
In an earlier bail hearing, Garda Patrick Hynes told Judge Kelly that the offences allegedly occurred on three dates over a fortnight in October and November last year.
He alleged that the man was masturbating outside the woman's workplace in the city's north side; the incidents took place between 1am and 4am and were captured on CCTV.
The defence had said the accused maintains his innocence.
The court heard that he came to Ireland last year, and had lost his apartment and university place due to the allegations.
Pleading for bail, the defence submitted that Mr Mahajan could not leave the country and would obey conditions.
Judge Kelly had described the allegations as serious but noted that Mr Mahajan had no history of failing to appear in court, and she ordered him to obey conditions.
He was warned not to contact the woman and that he must surrender his passport, reside at an address furnished to gardaí, and notify them of any change. Mr Mahajan must sign on at a Dublin garda station on a set day each week.
He replied, "yes," to confirm that he understood that breaching the terms could result in being remanded in custody and that he must notify the prosecution if he intends to use an alibi in his defence.
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Irish Examiner
4 hours ago
- Irish Examiner
Garda convicted of assaulting teenage boy in Temple Bar four years ago
A garda has been convicted of assaulting a teenager in Temple Bar four years ago following a trial at Dublin Circuit Criminal Court. Lorcan Murphy, 32, of Pearse Street Garda Station, pleaded not guilty to two counts of assault causing harm under section 3 of the Non-Fatal Offences Against the Person Act, 1997. The assaults on the then 17-year-old took place on Essex Street, Dublin 2, and Pearse Street Garda Station on June 1, 2021. After four hours and 20 minutes of deliberation, the jury returned unanimous verdicts of guilty on both counts. There was complete silence in the court after the jury delivered its verdict. Judge Pauline Codd thanked the jurors for their service. She adjourned the matter for sentencing until November 3 next, in order to prepare a probation report and a victim impact statement. She remanded Murphy on continuing bail. The trial heard the complainant had been 'drinking that day' and had also been 'smoking weed'. He also said that he 'could have been' carrying alcohol. He went to meet his girlfriend in Temple Bar and said the last thing he remembered was walking past McDonald's on Grafton Street. He said 'waking up in James' Hospital' was the next thing he remembered. Someone in the hospital told him he was involved in an incident with the gardaí. He said he ran out of the hospital as he 'freaked out', and thought nothing was wrong with him. He woke up with a pain in his head, then went to the Mater Hospital before being transferred to Beaumont Hospital, where he stayed for five days. He said he had headaches but has no issues with his memory. The complainant agreed during cross-examination he had no recollection of the incident, due to a head injury, but accepted alcohol and cannabis could have contributed to his lack of memory. In his evidence, Mr Murphy said he went to assist a colleague, who was dealing with the complainant. He instructed the complainant to remove his hands from his pockets, then noted the young man tense up. Mr Murphy said the complainant produced a glass bottle in such a way that he believed he was at risk of being struck with the bottle. Mr Murphy said he managed to take hold of the complainant's second hand, and he was handcuffed. He said the complainant was spitting towards him. Mr Murphy said he felt unsafe both for himself and the arrested complainant. He said he had his hand on the complainant's back and felt him shift his weight, and Mr Murphy then performed a leg sweep. The side of the complainant's body and head made contact with the ground. Mr Murphy checked him visually and said at no stage was he unconscious. He requested prisoner transport and that a doctor be called to Pearse Street Garda Station. In his closing speech, prosecuting counsel John Gallagher BL told the jury the prosecution's case was that excessive force was used in the leg sweep, which resulted in the complainant's head impacting the ground. He submitted the level of force used to bring the complainant to the ground after his initial arrest was not reasonable, inherently dangerous and likely to cause injury to the complainant. Mr Justin McQuade, BL, defending, said the force used was a leg sweep, and it was an 'unfortunate secondary impact' when the complainant hit his head on the ground, adding his client 'did not have the luxury of picking a softer landing point'. Mr McQuade suggested if gardaí were going to be criminalised for using force, they may be slower to use it in the future and that benefits no one.
Sunday World
9 hours ago
- Sunday World
Garda convicted of assaulting teenager in Temple Bar
After four hours and 20 minutes of deliberation, the jury returned unanimous verdicts of guilty on both counts A garda has been convicted of assaulting a teenager in Temple Bar four years ago following a trial at Dublin Circuit Criminal Court. Lorcan Murphy (32) of Pearse Street Garda Station pleaded not guilty to two counts of assault causing harm under section 3 of the Non-Fatal Offences Against the Person Act, 1997. The assaults on the then 17-year-old took place on Essex Street, Dublin 2 and Pearse Street Garda Station on June 1, 2021. After four hours and 20 minutes of deliberation, the jury returned unanimous verdicts of guilty on both counts. There was complete silence in the court after the jury delivered its verdict. Judge Pauline Codd thanked the jurors for their service. She adjourned the matter for sentencing until November 3 next, in order to prepare a probation report and a victim impact statement. She remanded Murphy on continuing bail. Stock image News in 90 Seconds - July 24th 'I was assaulted, I was tripped up supposedly, I fractured my skull,' the complainant told the court, adding that he had no recollection of events. He said he'd been 'drinking that day' and had also been 'smoking weed'. He also said that he 'could have been' carrying alcohol. He went to meet his girlfriend in Temple Bar and said the last thing he remembered was walking past McDonald's on Grafton Street. He said 'waking up in James' Hospital' was the next thing he remembered. Someone in the hospital told him he was involved in an incident with the gardai. He said he ran out of the hospital as he 'freaked out' and thought nothing was wrong with him. He woke up with a pain in his head, then went to the Mater Hospital before being transferred to Beaumont Hospital, where he stayed for five days. He said he had headaches but has no issues with his memory. The complainant stated that he had spoken to GSOC and provided them with two videos: one of himself on the ground, which someone else had recorded, and another of the garda approaching him, which he had taken himself. He stated that he was not charged with any offences in relation to the events in Temple Bar that day. The complainant agreed during cross-examination that he had no recollection of the incident, due to a head injury, but accepted that alcohol and cannabis could have contributed to his lack of memory. Defence counsel asked the witness if he was someone who would obstruct the gardai, and he said that 'sometimes if they came to me Ma's house'. When asked how he would obstruct the gardai, the complainant said, 'Just resist arrest, but I wasn't resisting arrest this time'. He accepted that he was interviewed by GSOC, now Fiosru, but disagreed with a suggestion that he lied about his alcohol consumption. The jury heard that the complainant has 44 previous convictions, and ten days after this alleged incident, he kicked and beat a person after they had withdrawn money from an ATM on O'Connell Street, then went through their pockets. The complainant stated that he is a person who is respectful to others in society and has not engaged in anti-social behaviour since he was 15. When it was put to him that beating people up and robbing them in public is not respectful, he replied, 'I'm paying for my mistakes'. CCTV was shown to the court of two gardai, one of whom was Mr Murphy, on Essex Street, along with CCTV from Pearse Street Garda Station. Darragh Fitzpatrick gave evidence that he had gone to Essex Street after hurling training to socialise with friends. Asked if he saw any interaction between gardai and the complainant, he replied: 'He seemed out of it, he didn't seem to know what was going on.' Mr Fitzpatrick said he saw 'a bit of grabbing and handcuffs being placed on him [the complainant] and hearing something about a knife'. When he heard the word 'knife', he took a step back. He said he saw a garda, identified as Mr Murphy, 'spear tackle' the complainant. Mr Fitzpatrick described the complainant going 'limp and lifeless', adding that he was 'frozen' and was 'initially very shocked'. Defence counsel put to Mr Fitzpatrick that when he heard the word 'knife', he had the benefit of retreating. He replied, 'I think I stood my ground,' but acknowledged that he may have taken a step back. Aileen Fitzmaurice's evidence was that she could not hear what was said between the gardai and the complainant, but thought there was an 'aggressive demeanour'. She said everything happened quite quickly; the complainant ended up face down on the ground. He was restrained by the gardai, and she then heard shouting, 'Where is the knife?' The gardaí first lifted the complainant to his feet, and then she described, 'It was like they flipped him in a sudden manner and bashed his head off the ground.' She also described hearing a loud sound. Under cross-examination, she confirmed she heard 'where is the knife' said repeatedly, but she could not remember the exact sequence of events. Eoghan Hickey's evidence was that he heard one of the gardai saying 'drop the knife' repeatedly. He described the complainant as being 'limp' when he was brought to the garda van. He agreed with defence counsel during cross-examination that he heard gardai shouting 'where is the knife' while the complainant was upright. Dr Haroon Khan gave evidence of being called to Pearse Street Garda Station. He said he noted the complainant was intoxicated, tried to rouse him, but did not speak to him before having him transferred to the hospital. Consultant Neurosurgeon Mr John Caird gave evidence that the complainant had a fracture to the skull and a contusion to the brain and has made an excellent recovery. Two statements from Mr Murphy were read to the jury. He went to assist a colleague, who was dealing with the complainant. He instructed the complainant to remove his hands from his pockets, then noted the young male tense up. He stated that the complainant was again asked to remove his hands from his pockets, but he did not comply. Mr Murphy said the complainant produced a glass bottle in such a way that he believed he was at risk of being struck with the bottle, which was then pushed out of the complainant's hand. The complainant was informed that he was being placed under arrest. He was placed on the ground, and another garda placed one handcuff on him. The complainant's second hand was under him, and he was resisting arrest. Mr Murphy said he managed to take hold of the complainant's second hand, and he was handcuffed. He said that the complainant was spitting towards him. Mr Murphy stood up and took the complainant to his feet. He told a crowd which had gathered to get back, but they didn't. Mr Murphy said he felt unsafe both for himself and the arrested complainant. He said he had his hand on the complainant's back and felt him shift his weight, and Mr Murphy then performed a leg sweep. The side of the complainant's body and head made contact with the ground. Mr Murphy checked him visually and said that at no stage was he unconscious. He requested prisoner transport and that a doctor be called to Pearse Street Garda Station. Prosecuting counsel John Gallagher BL told the jury the prosecution's case is that excessive force was used in the leg sweep, which resulted in the complainant's head impacting the ground. He submitted that the level of force used to bring the complainant to the ground after his initial arrest was not reasonable, inherently dangerous and likely to cause injury to the complainant. He said the prosecution also says that pulling the complainant's head using his hair in Pearse Street Garda Station, then applying force to his chest, is also an assault, which caused harm in the form of immediate pain. Mr Justin McQuade, BL, defending, told jurors that the law requires them 'to stand in the shoes of Garda Murphy and view the situation that unfolded through the circumstances he believed them to be'. He said the force used was a leg sweep, and it was an 'unfortunate secondary impact' when the complainant hit his head on the ground, adding that his client 'did not have the luxury of picking a softer landing point'. Mr McQuade suggested that if gardai are going to be criminalised for using force, they may be slower to use it in the future and that benefits no one.
Irish Daily Mirror
a day ago
- Irish Daily Mirror
Man jailed for eight years for organising prostitution across Dublin
A man who organised prostitution across Dublin by leasing out eight properties to be used as brothels has been jailed for eight years. Stelian Ciuciu (32) posed as part of a couple with another woman, who was working as an escort, to rent properties from unsuspecting landlords, which he then advertised to escorts for their use. He laundered about €320,000 in the process Dublin Circuit Criminal Court heard. Ciuciu used a WhatsApp group containing about 450 members to advertise the properties to escorts and was heavily engaged in the day-to-day upkeep of the premises, as well as regularly advising the escorts to maintain discretion and not draw attention to themselves, Detective Garda Colm Grogan of the Organised Prostitution Investigation Unit said. Ciuciu, of Brookdale Walk, Swords, Co Dublin, pleaded guilty to 20 counts including enhancing the ability of a criminal organisation, organising prostitution, brothel-keeping, using false instruments and money-laundering. The offences took place in various locations within the state on dates between January 2020 and November 2023. The most serious of these offences – enhancing the ability of a criminal organisation – carries a maximum sentence of 15 years, while the remaining offences carry maximum terms of between five and 14 years, the court heard. Ciuciu has no previous convictions. Sentencing Ciuciu today, Judge Martin Nolan said he was involved in this organised and "pretty sophisticated" prostitution scheme and his principal role was to rent out the properties, which the prostitutes then used "for their occupation". Judge Nolan acknowledged that Ciuciu entered a plea late in the prosecution of the case but said this was a "very valuable plea" as the trial would have been a complicated and lengthy one involving many witnesses. The judge remarked that substantial profits would have been made from the operation and acknowledged that the gardaí are doing their best to track that money but he said either Ciuciu "or someone else" profited from the scheme. Judge Nolan set a global headline sentenced of 13 years before he considered the various mitigation in the case. He noted that Ciuciu has no previous convictions, has family responsibilities and that his wife and three children are in "pretty impoverished circumstances" since his remand in custody. He acknowledged that Ciuciu has done well in custody since his remand and accepted letters that were handed into the court on his behalf. The Irish Mirror's Crime Writers Michael O'Toole and Paul Healy are writing a new weekly newsletter called Crime Ireland. Click here to sign up and get it delivered to your inbox every week Judge Nolan imposed a sentence of eight years which was backdated to when Ciuciu first went into custody last November. Ciuciu forfeited the cash which had been seized during the course of the investigation to the State. Det Gda Grogan told Mark Lynam SC, prosecuting, at a sentence hearing yesterday that Ciuciu's offences came to light when some landlords came forward with suspicions about what their rented properties were being used for. Gardaí noticed that similar rental documents with Ciuciu's photo but different names had been used to rent out the properties and Ciuciu was identified and followed. Gardaí followed him to a number of properties that were being used as brothels and some banks where he was lodging cash. When gardaí entered the premises and carried out welfare checks, they found prostitution was taking place in each property, with two or more escorts working there, the court heard. A total of €320,000 was found to be going through Ciuciu's accounts. Det Gda Grogan said this money, which was mostly lodged in cash by Ciuciu, was used to pay the rent for the properties and these accounts did not contain any profits. When he was arrested in November 2023 and his home was searched, a total of €11,000 in cash was seized. When asked by Judge Nolan if gardaí had established what profits Ciuciu made from the enterprise, Det Gda Grogan said in his experience, escorts would pay up to €1,000 a week per property. Investigations are continuing into the whereabouts of the profits Ciuciu would have made, the court heard. The court heard Ciuciu provided fake documents, including fake Romanian identity documents and fake employer references to rent out the properties, which were the subject of the false instrument charges. He and the escort who was posing as his partner provided employer references for a garage and a beauty salon. People in these businesses who were "complicit" in the offending provided fake references when contacted, the court heard. No charges have been made in relation to these people to date. Ciuciu's accomplice, referred to in court as Ms N, has since fled the country, the court heard. In his plea of mitigation, Michael Lynn SC, defending, said Ciuciu, who has lived in Ireland for a number of years, has been in custody since his arrest. His wife and three young children have had difficulties as a result, the court heard. Ciuciu was described in court as a stateless person of Roma origin, who was born in Germany but whose family renounced that citizenship. He has been residing in Ireland legally on the basis that he has a stateless application before the authorities, defence counsel said. He is extremely concerned about his future residence as a consequence of these convictions, Mr Lynn said. Letters of apology from Ciuciu and his wife were handed into court. The court heard he has experienced racism and discrimination and struggled to find work as a result. He is doing well in custody and has engaged in educational courses. Sign up to the Irish Mirror's Courts and Crime newsletter here and get breaking crime updates and news from the courts direct to your inbox.
