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Sunday World
30-07-2025
- Sunday World
Teenager jailed after striking another youth five times in the head with a hammer
A group of youths had gathered in a public park for a 'one-on-one' between the two. A teenager who beat the back of the head of another teenager with a claw hammer after a group of youths had gathered in a public park for a 'one-on-one' has been jailed for a year. Witnesses saw the then 16-year-old strike the victim approximately five times on his head, as the victim was sitting on another youth he had been wrestling with. It was estimated that about 30 youths had gathered for what appeared to be an arranged fight, with people hearing the group saying it is a 'one-on-one' any time a third person tried to get involved with the two that had been scuffling. Garda Stephen Allen told George Burns BL, prosecuting, that after the teenager was dragged off the victim by the other youths and the whole group fled the area leaving the victim seriously injured with open wounds to the back of his head. When gardaí arrived at the scene, having received an emergency call from witnesses to the assault, the victim was conscious and alert but in a very distressed state. His mother was contacted and he was taken to Beaumont Hospital for treatment. A Hammer. News in 90 Seconds - Wednesday, July 30 The victim was found to have two depressed skull fractures but there was no haemorrhaging in his brain or any other injuries to his brain. He was also found to have further skull fractures, with five open wounds that required up to 30 stitches to close them. Dean Kelly SC, defending, acknowledged that this was a case 'of profoundly anti-social and violent behaviour' and that the serious violence used by his client could have led to a fatality. The now 21-year-old man, who cannot be named because he was a juvenile at the time of the offence and the time he was charged, pleaded guilty at Dublin Circuit Criminal Court to assault causing harm at a local park on May 19, 2020. He has previous convictions for road traffic offences including dangerous driving. A victim impact statement, prepared by the victim's mother, was handed into court but not read out. In sentencing the man today Judge Sinéad Ní Chúlacháin addressed the victim's mother who was watching the court proceedings via video link, having imposed a term of two years with the final year suspended. 'I acknowledged that this seems like a small price to be paid,' she said before she said that she realises that the woman's son will be suffering a long time after his attacker has been released from prison. She stressed that the courts do not operate on 'an eye for an eye, a tooth for a tooth' adding that punishment is not the only thing that the courts must take into account. She said she also must consider 'reform, rehabilitation and re-integration into society'. 'I recognise that your son's life has been altered but I have to give him a chance to reform,' Judge Ní Chúlacháin said. She said she really hopes that the victim does not develop the future potential medical consequences he could as a result of the injuries he sustained. Addressing the accused man, she acknowledged that he had recently lost his brother and sympathised with him, saying 'He was your big brother and you loved him'. She further acknowledged that the man has since addressed many issues and although he still uses cannabis on a daily basis, he is engaging very well with a local community group. 'But this was a planned fight to which you brought a claw hammer,' the judge said adding that it was 'calculated and deliberate' and that he had struck the victim repeatedly. 'That is not a reasonable response to a perceived threat.' Judge Ní Chúlacháin said, acknowledging that the man believed that the victim posed a threat to his own friend that afternoon. She also referred to the fact that the then teenager left the scene after the attack. 'You came armed, there were repeated blows and you left the scene,' the judge continued. Judge Ní Chúlacháin also acknowledged from the victim impact statement the consequences for the victim. She noted that as result of the injuries sustained and as a further precaution, he has been advised to no longer participate in contact sports. The judge noted that the victim impact statement, prepared by the victim's mother. stated that her son's 'confident and carefree' life has been 'defeated' and he now suffers with low self-worth and low self-esteem. She said the victim impact statement said the then teenager was 'always at his happiest on the pitch' and that his childhood dreams of potentially playing rugby for Leinster or even Ireland 'have been stolen from him'. Judge Ní Chúlacháin noted that the victim has even been advised that his car insurance could be impacted in the future and he has been advised not to go on long haul flights. She set a headline sentence of three years and four months before she took a number of mitigating factors into account including the plea of guilty, the accused's continued support from his family and his difficult childhood. Judge Ní Chúlacháin also accepted that the man has shown potential for rehabilitation and has accepted full responsibility for his actions, acknowledging the impact his actions not only had on the victim, his family and friends but also the people who witnessed the attack in the park that day. She said she must impose a custodial term before she suspended the final 12 months of the two-year sentence. She warned the man that if he comes to the attention of the gardaí during the suspended term she would not hesitate in reactivating the term and he would be going straight back to jail.
Sunday World
28-07-2025
- Sunday World
Former Dublin headmaster who indecently assaulted young boy (10) is jailed
'I wish I could let the little boy go free from inside my head but I don't know how to' A former Christian Brother and headmaster who indecently assaulted a young boy over 40 years ago has been jailed. John Merrick (78) pleaded guilty at Dublin Circuit Criminal Court to one count of indecent assault on the then 10-year-old at St Vincent's Primary School, St Philomena's Road, Glasnevin on a date between September 1, 1979 and June 30, 1980. The victim came forward after reading a newspaper report when Merrick was previously sentenced to 12 months' imprisonment on June 11, 2024 for indecent assaults on two complainants on dates between September 1977 and June 1978. John Merrick Today's News in 90 Seconds - July 28th Today, Merrick, of Portmarnock Park, Portmarnock, was given a nine month sentence with the final five months suspended by Judge Pauline Codd. The court heard Merrick joined the order when he was 14 and left in 1982 after meeting his wife the previous year. He worked as a school teacher until 1986 when his first offending came to light and then became a tour guide. Olan Callanan BL, defending, said his client paid his own legal fees which has had 'a financial toll on him'. Detective Garda Philip Cunningham told the court Merrick was a principal or headmaster of St. Vincent's School at the time of the offending. The victim gave a statement in which he said corporal punishment was part of school life at the time and would have been administered by Merrick in his office. The injured party said that Merrick was rubbing his back and opened the buttons on his shirt. Merrick then started to rub the victim's nipples and slid his hand down the back of his trousers and inside his underwear. The victim said Merrick was rubbing his buttock cheeks and kept touching and moved his hand underneath and started fondling his testicles. John Merrick During the time he was fondling him, he was saying 'you are a good boy' . The injured party said it went on a few minutes but stopped when the school secretary came into the office. The injured party said he was crying and upset and did not tell anyone immediately as he was only 10 at the time, but he later told his mother. He said he came forward when he was 55 following a newspaper article he saw in June 2024 where the injured party in that case asking for other victims to come forward. In interview, Merrick confirmed he was headmaster of the school. In relation to the specific conduct, he said he could not really recall but did not deny specifically anything the victim said. He has 21 previous convictions for similar offences of indecent assault, the court heard. A victim impact statement was read to the court by Sarah Connolly BL, prosecuting, in which the injured party said he suffers from flashbacks from being abused as a child. 'This affected me from childhood to adulthood,' the victim said. 'I wish I could let the little boy go free from inside my head but I don't know how to,' he added. In mitigation, Mr Callanan asked the judge to take account of his client's early guilty plea. He said he met his wife in 1981 and left the order in 1982. Counsel said he worked as a teacher until 1986 when the first offending came to light and then worked as a tour guide. Six references were handed into the court including one from his wife who said he has been shunned by his children and his neighbours. Mr Callanan said it was a 'poignant letter' from a lady who had suffered the 'caustic' effect of her husband's actions. Judge Codd noted Merrick went into the order at a very young age. 'I don't hear an expression of remorse,' said Judge Codd. 'How do you vindicate the rights of a victim 40 years later,' asked the judge. Sentencing Merrick, Judge Codd noted he had 21 previous convictions. She noted Merrick entered the Christian Brothers at the age of 14 in a 'much less open society'. The judge noted that apart from these offences there was no other type of criminal behaviour. However she said this is 'serious criminal behaviour' and she said the court heard evidence he was principal of St Vincent's Primary School and the victim was then 10 years old. A single count of indecent assault, which carries a penalty of two years if the commission of the offence was before 1981, the court heard. The judge said the aggravating factors were the breach of trust, and the second was the age disparity. In mitigation she said she took account of his guilty plea and Merrick's background and the effect his offending has had on his own life, in that he is socially ostracised. She also noted Merrick undertook counselling with the Grenada Institute - a treatment centre for those who sexually abused children, which the judge said 'appears to be effective' as he had not offended since. The judge also noted he underwent restorative justice with another complainant in 2017. However the judge said the offending conduct was 'egregious' and warranted a custodial sentence. She gave him a nine-month sentence but suspended the final five months of it.
The Journal
24-07-2025
- The Journal
Garda found guilty of assaulting a teenager 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 1 June 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 3 November, in order to prepare a probation report and a victim impact statement. She remanded Murphy on continuing bail. The evidence The complainant told the court that he had no recollection of the events and that he had been 'drinking that day' and had also been 'smoking weed'. 'I was assaulted, I was tripped up supposedly, I fractured my skull,' the complainant said. 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 stated that he had spoken to Fiosrú (then known as the Garda Síochána Ombudsman Commission, or 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 Fiosrú, 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 gardaí, one of whom was Lorcan Murphy, on Essex Street, along with CCTV from Pearse Street Garda Station. Witness Darragh Fitzpatrick gave evidence that he had gone to Essex Street after hurling training to socialise with friends. Advertisement 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.' 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 Murphy, 'spear tackle' the complainant. Fitzpatrick described the complainant going 'limp and lifeless', adding that he was 'frozen' and was 'initially very shocked'. Aileen Fitzmaurice's evidence was that she could not hear what was said between the gardaí 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 gardaí, 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 gardaí 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. The defence case Two statements from 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. 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. 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. Murphy stood up and took the complainant to his feet. He told a crowd which had gathered to get back, but they didn't. 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 Murphy then performed a leg sweep. The side of the complainant's body and head made contact with the ground. 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. Closing speeches 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 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. 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'. McQuade suggested that if gardaÍ are going to be criminalised for using force, they may be slower to use it in the future and that benefits no one. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
Irish Daily Mirror
24-07-2025
- Irish Daily Mirror
'I fractured my skull' - Garda convicted of assaulting teenager in Temple Bar
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. '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'. 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 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. 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RTÉ News
24-07-2025
- RTÉ News
Garda found guilty of assaulting teenager in Temple Bar
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 in Dublin city and Pearse Street Garda Station on 1 June 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 3 November next, in order to prepare a probation report and a victim impact statement. She remanded Murphy on continuing bail.
