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Sunday World
20 hours ago
- Sunday World
Jury to begin deliberations in trial of garda accused of assaulting teen in Temple Bar
Lorcan Murphy (32) of Pearse Street Garda Station has pleaded not guilty to two counts of assault causing harm The jury in the trial of a garda accused of assaulting a teenager in Temple Bar over four years ago is due to begin its deliberations tomorrow. Lorcan Murphy (32) of Pearse Street Garda Station has 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 are alleged to have taken place on Essex Street, Dublin 2 and Pearse Street Garda Station on June 1, 2021. The jury is expected to begin its deliberations tomorrow after hearing closing speeches today and the directions of Judge Pauline Codd. Earlier, Justin McQuade BL, defending, told the jury in his closing speech that his client had to have an honest belief in the necessity to use force, even if it is mistaken, for the defence of justifiable use of force to be available. He noted that there is no suggestion that the initial use of force during the arrest of the complainant, when he was put in handcuffs, was excessive. Mr McQuade suggested the jury may wish to put 'significant weight' on this, then ask how 'did we get from honest belief to absence of honest belief in a short period of time'. 'I don't think we can,' counsel continued, suggesting it was a 'contrivance by the prosecution' which was not grounded in the real world. He 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'. Mr McQuade asked the jury to consider the role played by uniformed services, such as An Garda Siochana, suggesting that society 'may have lost some sight on what people in uniform do for us'. He noted that frontline policing can be messy but 'is done on behalf of everyone in this room'. 'People in uniform are expected, not invited, to take a step forward,' he said, telling the jury that an issue in this trial is 'honest belief even if it is mistaken in the heat of the moment'. He asked the jury to look at the surrounding circumstances of that day as his client believed them to be and pointed out that members of An Garda Siochana are required to make split-second decisions without an 'action replay'. 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 said it is regrettable that the complainant sustained injuries, which thankfully were not life-altering. He said the fact that the complainant suffered injuries does not mean that his client used excessive force. 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. 'Force is necessary in society to protect citizens from those with criminal intent,' he suggested. He noted that his client and the complainant had never met and asked jurors to consider Mr Murphy's instincts about the complainant. He added that the complainant's convictions were outlined 'not to blacken' his character but to allow for an assessment of his client's instincts. Defence counsel suggested jurors consider the credibility of the complainant when deciding if his screams at the garda station were genuine, noting the defence say these were a 'contrivance'. He said his client used techniques he was trained in both on Essex Street and in Pearse Street Garda Sation. Prosecuting counsel, John Gallagher BL, told the jury in his closing speech that it is accepted that the complainant was 'deserving of garda attention' that day and no issue is taken with his initial arrest. He said the prosecution's case is that the leg sweep of the complainant while he was in handcuffs and the subsequent impact of his head on the ground amounts to an assault causing harm. Mr Gallagher suggested that the complainant was subjected to 'disproportionate and excessive force', which resulted in a fractured skull and a bleed to the brain Mr Gallagher noted that the complainant's convictions are not to his credit, but 'could not have had any impact on the accused man's decision-making' on the day since they were strangers to each other. He said the prosecution also say that pulling the complainant's head backwards using his hair in Pearse Street Garda Station then applying force to his chest or his sternum is also an assault, which caused harm in the form of immediate pain. He said the complainant was a minor who was handcuffed and awaiting medical attention at this time. Mr Gallagher told jurors an issue in this case is whether the level of force used was reasonable. He said the prosecution say 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 told jurors they must consider Mr Murphy's statements, and if he held an honest belief that the complainant was about to abscond or had concerns about the crowd when he brought him to the ground after his initial arrest. Counsel suggested the jury must consider Mr Murphy's statement about the alleged assault at the garda station that he was providing medical attention to the complainant or if the intention was to get his attention to ask a question. He submitted that Mr Murphy's 'insistence' that the complainant did not lose consciousness suggests his account was 'self-serving' and 'sought to minimise the effects of his conduct'. The jury also heard that an enhanced image of the leg sweep was not available to GSOC until October 2024. The trial continues. Stock image News in 90 Seconds - July 22nd
Irish Times
2 days ago
- Irish Times
Man (46) appears in court over €1.6m drug haul in Wexford
A man (46) charged in connection with a €1.6 million drug haul in Co Wexford, appeared before a special sitting of Gorey District Court on Sunday afternoon. Fintan Fanning of Slaney Drive, Ballycarney, Enniscorthy, came before Judge Kevin Staunton charged with having in his possession a controlled drug, namely cannabis, for the purpose of sale or supply. Herbal cannabis worth an estimated €1.6 million was seized at Tincurry, Ballycarney, on Friday after a van was intercepted by gardaí following a targeted joint operation involving An Garda Síochána and Revenue's Customs Service on Friday. About 80kg of herbal cannabis was discovered during the van search, with an estimated street value of €1.6 million. READ MORE The accused was arrested at the scene and detained for questioning. Mr Fanning appeared in court wearing a grey tracksuit, with slight beard, and heavy tattooing around the neck area. The hearing lasted less than 10 minutes. Det Garda Dean Healy told Judge Stauntion that on July 19th he arrested the accused and charged him as set out on the charge sheet. The accused made 'no comment' when the charge was put to him, Det Healy said. Defence counsel, Craig Phillips, BL instructed by Eoin O'Sullivan, solicitor, said there would be no application for bail. He applied for free legal aid but no statement of means is yet available to the court. [ Woman with black eye and newborn baby claims husband 'kicked me and dragged me up and down' Opens in new window ] Sgt Stephen Ennis told the court he would be seeking a remand in custody for the accused, to appear before Wexford District Court on Tuesday via video link. Judge Staunton said he would grant free legal aid subject to a statement of means being made available to the court and remanded the accused in custody.
Irish Daily Mirror
3 days ago
- Irish Daily Mirror
Man appears before court charged in connection with €1.6m drugs haul in Wexford
A 46-year-old man charged in connection with a €1.6m drugs haul in County Wexford appeared before a special sitting of Gorey District Court Sunday afternoon. Fintan Fanning of Slaney Drive, Ballycarney, Enniscorthy, Co. Wexford, came before Judge Kevin Staunton. Fanning was charged with on July 18 at Tincurry, Ballycarney, Enniscorthy, Co. Wexford, he had in his possession a controlled drug, namely Cannabis, for the purpose of selling or supply to another in contravention of the Misuse of Drugs Regulations 2017 and 2019 under Section 5 of the Misuse of Drugs Act, 1972. Herbal cannabis worth an estimated €1.6m was seized at Tincurry, Ballycarney, on Friday last following a targeted joint operation involving An Garda Siochana and Revenue's Customs Service. In the course of a joint operation conducted by the Garda National Drugs and Organised Crime Bureau (GNDOCB) and Revenue Officers, a van was intercepted by Gardai in Ballycarney, Wexford, on Friday last, July 18. During the search of the van, approximately 80 kilos of herbal cannabis was discovered with an estimated street value of €1.6m (pending analysis). The accused was arrested at the scene and was detained for questioning under Section 2 of the Criminal Justice (Drug Trafficking) Act, 1996. The accused appeared in court wearing a grey tracksuit, with slight beard, and heavy tattooing around the neck area. He said close to his lawyer during the hearing which lasted less than ten minutes. Det. Garda Dean Healy told Judge Stauntion that on July 19 he arrested the accused and charged him as set out on the charge sheet. He arrested the accused at 15.56 and charged him at 16.03. When the charge was put to the acused he made 'no comment' said Det. Healy. Defence Counsel, Craig Phillips, B.L. instructed by Eoin O'Sullivan, Solicitor, said there would be no application for bail. He applied for free legal aid but no statement of means is yet available to the court, but would be provided at a later date. Sergt. Stephen Ennis told the court he would be seeking a remand in custody to appear before Wexford District Court on Tuesday next via video link. Judge Staunton said he would grant free legal aid subject to a statement of means being made available to the court. Judge Staunton remanded the accused, as requested, in custody to appear before Wexford District Court via video link on Tuesday night. Following the short hearing the accused was escorted from the court by two Gardaí. Subscribe to our newsletter for the latest news from the Irish Mirror direct to your inbox: Sign up here.
BBC News
3 days ago
- BBC News
Bishop Eamonn Casey: Gardaí taking no further investigative action
A review into the original investigation file on Bishop Eamonn Casey has been completed and no further investigative actions have been identified, An Garda Síochána (Irish police) have comes as his remains were removed from the crypt of Galway served as bishop of Galway from 1976 to 1992, and died in allegations of child sexual abuse have been made against him, including by his niece. In a statement, An Garda Síochána said the the Garda National Protective Services Bureau conducted a review of the original investigation file on Bishop Casey, at the request of the Garda Commissioner."This review has been completed and no further investigative actions have been identified."Bishop Casey is the first senior cleric to be disinterred in Ireland following posthumous concerns about his conduct, according to Irish national broadcaster RTÉ.It is not clear when the disinterment took place but the Galway Diocese confirmed that the remains are with his a statement, the Galway Diocese thanked everyone "for their understanding of the situation, for their patience and for their respect as this process was undertaken and brought to a conclusion".
BBC News
4 days ago
- BBC News
Wexford: Man arrested after €1.6m of herbal cannabis seized
A man has been arrested after €1.6m (£1.4m) of herbal cannabis was seized in County Garda Síochána (Irish police) and Revenue's Customs Service intercepted a van in Ballycaraney on Friday and discovered about 80kg of the man in his 40s, who was arrested at the scene, is being held in police seized drugs are being analysed by Forensic Science Ireland. Gardaí said investigations are ongoing.
