Garda convicted of assaulting teenage boy in Temple Bar four years ago
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.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Irish Daily Mirror
2 days ago
- Irish Daily Mirror
Youth took money off man, threatened to kill him and then went to his bedroom
A teenager has been given two years detention for the false imprisonment of another young man. Dublin Circuit Criminal Court heard that the 17-year-old, who cannot be named for legal reasons, pleaded guilty to false imprisonment with other counts to be taken into consideration at a location in Dublin on June 15, 2023. He was aged 15 at the time of the offending and had ten previous convictions from the Children's Court, including seven convictions for theft, one for attempted robbery, one for assault causing harm and one for production of a knife. He was also on bail at the time of this offending. Detective Garda John Hayes from Blanchardstown Garda Station told Stephen Montgomery BL, prosecuting, that a young man then aged 19 was travelling on a bus in the Clonsilla area of Dublin in May 2023. Neither the accused or the victim were known to the other. The detective told the court that the accused was larger in stature than the injured party. When the victim got off the bus, he was followed by the teenager, who started a conversation with him and broke his glasses. The accused then ordered the injured party to walk to a nearby shop and instructed him to withdraw €50 from an ATM. The teenager then threatened the victim to keep this a 'secret'. The court heard that a week later, the victim was on the bus again, and the teenager sat behind him and put his hands around his neck and told him to be quiet. They got off the bus together, and the teenager took the victim's iPhone 13, worth € 1,300. The teenager then added the victim as a friend on Snapchat. Det Gda Hayes told the court that the victim received a message on June 15, 2023, from the teenager, who told him to meet him with his bank card, which he did. The teenager brought the victim to an apartment where he produced two knives and told the victim he was going to kill him and slice him. 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 He also instructed the victim to remove his clothing, as he would have to burn it. The injured party did not take his clothes off, but his backpack was searched, and his driver's licence with his address on it was taken. The court heard that the victim was then brought to his own home by the teenager, who disposed of one of the knives en route. While in the injured party's house, the teenager threatened to harm the family dog if he didn't 'put it out of the way'. The teenager searched the victim's bedroom and took a Nike tracksuit, an Under Armour top, Nike runners, a PlayStation, and a camel jacket, all with a total value of € 1,751. The teenager then made the victim transfer €500 from his Revolut account to one of the injured party's friends' accounts, as he did not have a Revolut bank card. He told his friend to meet him in a local shopping centre, and the defendant, the victim and the victim's friend went to multiple ATM's while withdrawing €460 in total. The teenager then left with the cash and the items taken earlier from the victim's house. Later that evening, the victim told his mother and showed her the knife left behind by the teenager. They went to the gardai, and the victim showed them the apartment he had been taken to. CCTV footage from the shopping centre and footage from the Ring doorbell of the victim's home were obtained, and the defendant was identified. He was interviewed on two occasions. None of the money or belongings were recovered. A victim impact statement was submitted to the court and read by the prosecuting counsel. It outlined how the victim quit his job in case the teenager came back. He was also afraid that the defendant would come back to his home and described that he was in 'fear for his parents'. He said he was always 'looking over his shoulder' and said he 'can never relax on public transport'. He still has trouble sleeping. Padraig Dwyer SC, defending, said his client was forthright with the Probation Services and is apologetic, showing empathy towards the victim in his case. He stated that his client has taken responsibility for his actions and told the probation officer that he deserves a prison sentence. Counsel said his client was 15 at the time of the offending. He said that his client's parents do not condone this behaviour and are very pro-social people. He said his client 'self-reports that he has used cannabis but is now self-reporting that he is clear at present. He said his client is expressing regret for his actions. On Thursday, Judge Martina Baxter noted the defendant had two knives with him and the 'brazenness' of going to the victim's home. 'It wasn't as if it was a once-off situation, the judge said. It was clear that the 'fear and threat' was 'pervasive and real,' said the judge. Judge Baxter said she had to have regard for his previous convictions. She said the victim was bullied and traumatised 'while going about his business'. She said a significant factor was that the accused was 15 at the time but noted he was 'back in adverse company'. 'Clearly there has to be an intervention,' said Judge Baxter. She said the aggravating factors were the effects on the victim who is 'constantly in fear', the threats and the menace. In mitigation she took account of his age and that the Children's Act states detention is 'the last resort'. Judge Baxter imposed two years detention on him. Subscribe to our newsletter for the latest news from the Irish Mirror direct to your inbox: Sign up here.
The Irish Sun
2 days ago
- The Irish Sun
Man, 23, charged over stabbing of Garda on Dublin city centre street with ‘Tactix knife' amid no bail application
A MAN charged over the stabbing of a Garda on a Dublin city centre street on Tuesday evening has been remanded in custody. Abdullah Khan, 23, with an address in north Dublin, was arrested at the scene following an incident at around 6pm on Capel Street in the city's north side. 2 Abdullah Khan appeared in court Credit: Getty Images 2 The street was shut to the public on Tuesday Credit: Collins Photos The injured The accused man was detained for questioning before he was charged on Wednesday night with assault causing harm to the officer and production of a Tactix knife capable of causing serious injury. He was brought to appear before Judge Treasa Kelly at He has yet to indicate a plea, made no bail application and was remanded in custody to appear at Cloverhill District Court on August 6 pending directions from the Director of Public Prosecutions. READ MORE ON IRISH NEWS The charges are under section 3 of the Non-Fatal Offences Against the Person Act and section 11 of the Firearms and Offensive Weapons Act. Dressed in a black T-shirt and grey tracksuit bottoms, Mr Khan sat silently throughout the brief hearing. Detective Sergeant Liam McLaughlin, of the Bridewell Station, gave evidence telling Judge Kelly that the accused 'made no reply' to each charge. The court heard that the accused was also handed copies of the charges. MOST READ IN THE IRISH SUN Detective Sergeant McLaughlin stated that he intended to object to Mr Khan's bail. However, defence solicitor Colleen Gildernew said: 'There is no application for bail today.' LEGAL AID & BAIL NOTICE She also added that her client did not wish to appear via video link at his next hearing but wanted to be produced in court. Judge Kelly added that to her order and also acceded to a request from the solicitor to direct medical attention for the accused in prison. Ms Gildernew also asked for reporting restrictions on the publication of her client's address, given the nature of the case and 'concerns around safety', which was confirmed by Detective Sergeant McLaughlin. Judge Kelly ordered journalists not to report the man's address. Legal aid was granted after a statement of Mr Khan's means was furnished to the court. Judge Kelly also ordered the defence to give gardai 24 hours' notice if the accused intends to make a bail application.
Sunday World
2 days ago
- Sunday World
Man (23) appears in court accused of stabbing garda in Dublin city attack
The injured garda, a young probationary member of the force who was on high-visibility patrol with a colleague, received hospital treatment for non-life-threatening injuries. A 23-year-old man charged over the stabbing of a Garda on a Dublin city centre street on Tuesday evening has been remanded in custody. Abdullah Khan, with an address in north Dublin, was arrested at the scene following an incident at around 6 pm on Capel Street in the city's north side. The injured garda, a young probationary member of the force who was on high-visibility patrol with a colleague, received hospital treatment for non-life-threatening injuries. The accused man was detained for questioning before he was charged on Wednesday night with assault causing harm to the officer and production of a Tactix knife capable of causing serious injury. Stock image News in 90 Seconds - Thursday, July 31 He was brought to appear before Judge Treasa Kelly at Dublin District Court this morning. He has yet to indicate a plea, made no bail application and was remanded in custody to appear at Cloverhill District Court on August 6 pending directions from the Director of Public Prosecutions. The charges are under section 3 of the Non-Fatal Offences Against the Person Act and section 11 of the Firearms and Offensive Weapons Act. Dressed in a black T-shirt and grey tracksuit bottoms, Mr Khan sat silently throughout the brief hearing. Detective Sergeant Liam McLaughlin, of the Bridewell Station, gave evidence telling Judge Kelly that the accused "made no reply" to each charge. The court heard that the accused was also handed copies of the charges. Detective Sergeant McLaughlin stated that he intended to object to Mr Khan's bail. However, defence solicitor Colleen Gildernew said, "There is no application for bail today." She also added that her client did not wish to appear via video link at his next hearing but wanted to be produced in court. Judge Kelly added that to her order and also acceded to a request from the solicitor to direct medical attention for the accused in prison. Ms Gildernew also asked for reporting restrictions on the publication of her client's address, given the nature of the case and "concerns around safety", which was confirmed by Detective Sergeant McLaughlin. Judge Kelly ordered journalists not to report the man's address. Legal aid was granted after a statement of Mr Khan's means was furnished to the court. Judge Kelly also ordered the defence to give gardaí 24 hours' notice if the accused intends to make a bail application.
