Latest news with #LorcanMurphy
Sunday World
5 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
Sunday World
3 days ago
- Sunday World
Garda (32) on trial for assault ‘spear tackled' teen to the ground, witness claims
STATEMENT DETAILS | Lorcan Murphy of Pearse Street Garda Station has pleaded not guilty to two counts of assault causing harm Garda Station. Photo: Getty 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. A witness in the case, Darragh Fitzpatrick, told the trial yesterday that on the evening in question, he had just finished hurling training when he received a call from his friends who were in the Essex Street area. He cycled to the area and met with his friends. Mr Fitzpatrick told the jury that he was not drinking and was just chatting and socialising with his friends. Mr Fitzpatrick described seeing a group of young people drinking down a lane and, upon seeing them, he turned away and left the lane, telling the court, 'it wasn't my scene'. He also described seeing gardai in the area. John Gallagher BL, prosecuting, asked Mr Fitzpatrick if he had seen any interaction between the gardai and the complainant in this case, to which he replied: 'He seemed out of it, he didn't seem to know what was going on.' Mr Fitzpatrick also told the jury that he saw 'a bit of grabbing and handcuffs being placed on him [the complainant] and hearing something about a knife'. Mr Fitzpatrick told the jury that when he heard the word 'knife', he took a step back. He then told Mr Gallagher, prosecuting, that he saw one of the members of the gardai, identified as Mr Murphy, 'spear tackle' the complainant. Read more He described the complainant as going 'limp and lifeless'. He said: 'At the time, I was frozen. I was stuck to the spot, taking it all in. I was initially very shocked.' Under cross-examination from Justin McQuaid BL, defending, Mr Fitzpatrick confirmed there were a lot of people drinking in public and that pubs were closed due to COVID-19. The witness agreed that he saw a large group of young people, and that was so off-putting to him that he turned around. He further agreed that he was wary to the extent that he turned around. Mr McQuaid put it to Mr Fitzpatrick that when he heard the word 'knife', he had the benefit of retreating, to which the witness replied: 'I think I stood my ground.' Counsel responded: 'You said, I took a step back, I wrote that down', to which Mr Fitzpatrick said, 'I may have'. Another witness, Aileen Fitzmaurice, also gave evidence today/yesterday (FRI) that she had been in the area with Mr Fitzpatrick at the time of the alleged incident. Garda Station. Photo: Getty Today's News in 90 Seconds - July 19th She recalled there were quite a few teenagers in the area, and they were approached by two members of the gardai. She told the jury that she could not hear what was said between the gardai and the complainant but thought there was an 'aggressive demeanour'. Ms Fitzmaurice described that everything then happened quite quickly, and the complainant ended up face down on the ground. He was restrained by the gardai, and she then heard shouting 'where is the knife?' She said a garda van then arrived and additional gardai. Describing the gardaí taking the complainant off the ground, Ms Fitzmaurice said: 'It was like they flipped him in a sudden manner and bashed his head off the ground.' She described a loud sound, which was startling. Mr McQuaid asked Ms Fitzmaurice to confirm that she heard 'where is the knife' being repeatedly said, which she did. He put it to her that her friend Mr Fitzpatrick heard the word 'knife' being said before the complainant was arrested. Ms Fitzmaurice said that was not her recollection but she said it was four years ago and she 'cannot remember exactly the sequence of how it happened'. Eoghan Hickey also gave evidence that he was socialising with his friends Mr Fitzpatrick and Ms Fitzmaurice. Mr Hickey said he heard one of the gardai saying 'drop the knife' repeatedly. He also described the complainant as being 'limp' when he was brought to the garda van. Mr McQuaid told Mr Hickey that in his official statement, he said the complainant was 'pushed against the wall and gardai shouted where is the knife and then slammed him to the ground,' which Mr Hickey confirmed. Counsel said, 'It is perfectly clear that when they shouted, where is the knife the complainant was upright when you heard that', to which he replied, 'Yes'. Donal Grant, an investigator with Fiosrú, previously known as GSOC, gave evidence that this matter came to his attention after it was reported that the complainant in this case suffered a head injury as a result of his arrest. He said an investigation began, CCTV footage and witness statements were taken, and Mr Murphy was interviewed on two occasions. Mr Grant then created a report, which was sent to the Director of Public Prosecutions, and they directed a prosecution. Two statements from Mr Murphy were read to the jury in which he outlined the events of June 1, 2021. Mr Murphy said that he went to assist his colleague, who was dealing with the complainant. Mr Murphy instructed the complainant to remove his hands from his pockets. He noted that the young male tensed up and was again asked to take his hands out of his pockets, to which he did not comply. Mr Murphy's statement said the complainant produced a glass bottle, and he did so in such a way that Mr Murphy believed he was at risk of being struck with the bottle. The bottle was then pushed out of the complainant's hand, and he was informed that he was being placed under arrest. The complainant was placed on the ground, and a fellow garda placed one handcuff on him. His second hand was under him, and he was resisting arrest, the court heard. Mr Murphy said he managed to take hold of his second hand, and he was handcuffed. The statement said that the complainant was spitting towards Mr Murphy and prisoner transport was requested. Mr Murphy stood up and took the complainant to his feet as well. He told the crowd that had gathered to 'get back,' but they did not do so. Mr Murphy said he felt unsafe both for his own personal safety and the safety of the arrested male. He said he had his hand on the complainant's back and he felt him shift his weight, and Mr Murphy successfully 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 again requested prisoner transport and that a doctor be called to Pearse Street Garda Station. The trial continues before Judge Pauline Codd.
BreakingNews.ie
4 days ago
- BreakingNews.ie
Gardaí shouted 'knife' before teen was 'spear' tackled to ground, witness tells court
A witness has told a jury that he heard the gardaí shout 'knife' before a teenager was allegedly 'spear' tackled to the ground. 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. Advertisement 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 1st, 2021. A witness in the case, Darragh Fitzpatrick, told the trial on Friday that on the evening in question, he had just finished hurling training when he received a call from his friends who were in the Essex Street area. He cycled to the area and met with his friends. Mr Fitzpatrick told the jury that he was not drinking and was just chatting and socialising with his friends. Mr Fitzpatrick described seeing a group of young people drinking down a lane and, upon seeing them, he turned away and left the lane, telling the court, 'it wasn't my scene'. He also described seeing gardaí in the area. Advertisement John Gallagher BL, prosecuting, asked Mr Fitzpatrick if he had seen any interaction between the gardaí and the complainant in this case, to which he replied: 'He seemed out of it, he didn't seem to know what was going on.' Mr Fitzpatrick also told the jury that he saw 'a bit of grabbing and handcuffs being placed on him [the complainant] and hearing something about a knife'. Mr Fitzpatrick told the jury that when he heard the word 'knife', he took a step back. He then told Mr Gallagher, prosecuting, that he saw one of the members of the gardaí, identified as Mr Murphy, 'spear tackle' the complainant. He described the complainant as going 'limp and lifeless'. He said: 'At the time, I was frozen. I was stuck to the spot, taking it all in. I was initially very shocked.' Advertisement Under cross-examination from Justin McQuaid BL, defending, Mr Fitzpatrick confirmed there were a lot of people drinking in public and that pubs were closed due to Covid-19. The witness agreed that he saw a large group of young people, and that was so off-putting to him that he turned around. He further agreed that he was wary to the extent that he turned around. Mr McQuaid put it to Mr Fitzpatrick that when he heard the word 'knife', he had the benefit of retreating, to which the witness replied: 'I think I stood my ground.' Counsel responded: 'You said, I took a step back, I wrote that down', to which Mr Fitzpatrick said, 'I may have'. Advertisement Another witness, Aileen Fitzmaurice, also gave evidence on Friday that she had been in the area with Mr Fitzpatrick at the time of the alleged incident. She recalled there were quite a few teenagers in the area, and they were approached by two members of the gardaí. She told the jury that she could not hear what was said between the gardaí and the complainant but thought there was an 'aggressive demeanour'. Ms Fitzmaurice described that everything then happened quite quickly, and the complainant ended up face down on the ground. He was restrained by the gardaí, and she then heard shouting, 'where is the knife?' She said a garda van then arrived, and additional gardaí. Describing the gardaí taking the complainant off the ground, Ms Fitzmaurice said: 'It was like they flipped him in a sudden manner and bashed his head off the ground.' She described a loud sound, which was startling. Advertisement Mr McQuaid asked Ms Fitzmaurice to confirm that she heard 'where is the knife' being repeatedly said, which she did. He put it to her that her friend Mr Fitzpatrick heard the word 'knife' being said before the complainant was arrested. Ms Fitzmaurice said that was not her recollection, but she said it was four years ago and she 'cannot remember exactly the sequence of how it happened'. Eoghan Hickey also gave evidence that he was socialising with his friends, Mr Fitzpatrick and Ms Fitzmaurice. Mr Hickey said he heard one of the gardaí saying 'drop the knife' repeatedly. He also described the complainant as being 'limp' when he was brought to the garda van. Mr McQuaid told Mr Hickey that in his official statement, he said the complainant was 'pushed against the wall and gardaí shouted where is the knife and then slammed him to the ground,' which Mr Hickey confirmed. Counsel said, 'It is perfectly clear that when they shouted, where is the knife the complainant was upright when you heard that', to which he replied, 'Yes'. Donal Grant, an investigator with Fiosrú, previously known as GSOC, gave evidence that this matter came to his attention after it was reported that the complainant in this case suffered a head injury as a result of his arrest. He said an investigation began, CCTV footage and witness statements were taken, and Mr Murphy was interviewed on two occasions. Mr Grant then created a report, which was sent to the Director of Public Prosecutions, and they directed a prosecution. Two statements from Mr Murphy were read to the jury in which he outlined the events of June 1st, 2021. Mr Murphy said that he went to assist his colleague, who was dealing with the complainant. Mr Murphy instructed the complainant to remove his hands from his pockets. He noted that the young male tensed up and was again asked to take his hands out of his pockets, to which he did not comply. Mr Murphy's statement said the complainant produced a glass bottle, and he did so in such a way that Mr Murphy believed he was at risk of being struck with the bottle. The bottle was then pushed out of the complainant's hand, and he was informed that he was being placed under arrest. The complainant was placed on the ground, and a fellow garda placed one handcuff on him. His second hand was under him, and he was resisting arrest, the court heard. Mr Murphy said he managed to take hold of his second hand, and he was handcuffed. The statement said that the complainant was spitting towards Mr Murphy, and prisoner transport was requested. Mr Murphy stood up and took the complainant to his feet as well. He told the crowd that had gathered to 'get back,' but they did not do so. Mr Murphy said he felt unsafe both for his own personal safety and the safety of the arrested male. He said he had his hand on the complainant's back and he felt him shift his weight, and Mr Murphy successfully 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 again requested prisoner transport and that a doctor be called to Pearse Street Garda Station. The trial continues before Judge Pauline Codd.
Sunday World
5 days ago
- Sunday World
Teen who claims garda assaulted him attacked and robbed person at ATM days later, court told
LATEST | Lorcan Murphy (22) of Pearse Street Garda Station has pleaded not guilty to two counts of assault causing harm. Stock image Lorcan Murphy (22) 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. During cross-examination, Justin McQuade BL, defending, put it to the complainant that he said he has no recollection of the incident. He asked if this was due to a head injury, to which the complainant agreed. Mr McQuade then asked him if there was anything else that might have contributed to his lack of memory, and the complainant said alcohol and cannabis. Stock image Today's News in 90 Seconds - July 18th Defence counsel asked the witness if he was someone who would obstruct the gardaí, and he said that 'sometimes if they came to me Ma's house'. He was then asked how he would obstruct the gardaí, and he said, 'just resist arrest, but I wasn't resisting arrest this time'. It was put to the witness that he was interviewed by GSOC two months after this incident, and they took a statement from him, which he agreed with. He disagreed with the defence counsel that he had lied in his GSOC interview. Mr McQuade asked if he had lied about alcohol in his statement to GSOC. The witness said, 'I had no recollection of it, I didn't really drink'. Mr McQuaid put it to the witness that 'you knew full well that you had drank and that you had drink on you and that your statement was misleading and a lie', once again, the alleged injured party said he had no recollection. Counsel then said, 'But you remember smoking 4-5 joints?' to which he replied, 'Ya'. The jury heard that the complainant in this case has 44 previous convictions, and ten days after the alleged assault by Mr Murphy, this alleged injured party kicked and beat a person after they had withdrawn money from an ATM on O'Connell Street, he then went through their pockets. A further two weeks later, the complainant carried out another assault on a member of staff who was standing outside a premises. The witness said, 'I'm not going to incriminate myself'. Mr McQuade asked the witness if he was a person who was respectful to other members of society, to which he said he was. He also asked him if he engaged in anti-social behaviour, and he said, 'not since I was 15'. It was then put to him that beating people up and robbing them in public is not respectful, to which he said, 'I'm paying for my mistakes'. After a breakdown of the previous convictions was read to the court, the witness stated that he 'had a difficult upbringing and was easily led'. Read more The jury heard that the complainant was first brought to the Mater Hospital from Pearse Street Garda Station, where he went on to discharge himself. He returned the following day as a result of headaches. He was then transferred to Beaumont Hospital. It was put to him that he was described as being 'aggressive, combative and exposed staff to potential violence', he said 'staff would not let me out for a smoke' and that 'I didn't use one bit of violence'. Mr McQuade told the witness that he was obliged to put his client's statement that he gave to GSOC to him. When reciting the statement, the complainant said he had no recollection of these events as they were been read out. Mr John Caird, a consultant neurosurgeon who works in both Beaumont and Temple Street Hospitals, gave evidence of his treatment of the complainant in this case. He said the complainant had a fracture to the skull and a contusion to the brain. Fluid was also seen coming from the ear of the complainant. He said he had a good level of consciousness and that his pupils were equal and reactive. He outlined that the complainant has made an excellent recovery. Defence counsel asked Mr Caird if the complainant had left the hospital against medical advice, to which he said yes, once from the Mater Hospital and once from Beaumont Hospital, but returned 20 minutes later. Mr Caird agreed that the complainant refused to answer questions relating to alcohol and drug consumption. A second doctor, Dr Haroon Khan, who is a GP and works closely with the gardaí, was called to Pearse Street Garda Station on the night in question. He noted that the complainant was intoxicated, and he was unable to wake him. He noted a laceration on his temple region and abrasions to both knees. Dr Khan had the complainant transferred to hospital. Under cross-examination, Dr Khan said he had tried to 'rouse' the complainant. Dr Khan stated that he did not speak with the man and confirmed that he appeared to be intoxicated. The trial continues before Judge Pauline Codd.
Sunday World
6 days ago
- Sunday World
Garda goes on trial accused of assaulting a teenager four years ago
The complainant gave evidence that he suffered a fractured skull and spent five days in Beaumont Hospital following the alleged assault A garda has gone on trial at Dublin Circuit Criminal Court accused of assaulting a teenager in Temple Bar in 2021. The complainant gave evidence that he suffered a fractured skull and spent five days in Beaumont Hospital following the alleged assault. 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. In his opening speech yesterday, John Gallagher BL prosecuting, told the court the accused was a serving member of An Garda Siochana and an investigation was carried out by GSOC, which is now known as Fiosru. Mr Gallagher said the assault is alleged to have happened during the Covid-19 period 'when one set of regimes runs into another' but that at this time limited gatherings outdoors were permitted. He said there was a short encounter where the alleged injured party was brought to the ground in an effort to restrain him and a number of bystanders were present. There was a short engagement which lasted a minute or two at most when he was 'brought to the ground', Mr Gallagher said. Mr Gallagher said the complainant was 'brought to the ground with his knee', and he was 'completely, effectively restrained'. He was handcuffed and brought to his feet. Counsel said the alleged victim was handcuffed and could not put his hands out to protect himself. Mr Gallagher said it was the prosecution's case that by sweeping his legs from under the alleged injured party and him landing him on his head, 'this amounted to assault'. Counsel said the alleged injured party was visibly unconscious when he was lifted into a Garda van and was taken to Pearse Street Garda Station for processing. Mr Gallagher said there was a second charge of assault at Pearse Street Garda Station, when the complainant was having 'difficulty staying conscious' and he was pulled back by the hair. He said that it was the prosecution's case that this 'manhandling' amounted to a second assault. He told the jury they would hear medical evidence. Mr Gallagher said there must be a legitimate use of force or reasonable force. He said 'it's not carte blanche' to use force and he told the jury they would be asked to consider whether it was reasonable force. He also told the jury they would have to hear an account by Gda Murphy and would have to consider if there was 'a basis for using it'. Mr Gallagher said gardai 'have a very difficult job' but the same laws that apply to everyone else regarding the use of force also apply to the Gardai. He told the jury that defence counsel Justin McQuade BL wanted it 'clarified' that there had been an earlier engagement between the accused and complainant. The complainant gave evidence that he could not recall the events and 'the doctor told me it was ok not to remember' but said 'I was assaulted, I was tripped up supposedly, I fractured my skull,' he told the court. He told the court he was 'drinking that day' and that he had had 'quite a few.' He said he had been 'smoking weed' and said he would normally smoke four or five joints a day. He also said that he 'could have been' carrying alcohol. He said he was up in Stephen's Green and his girlfriend at the time was in Temple Bar so he went to meet her and said the last thing he remembered was walking past McDonald's on Grafton Street. The alleged victim said 'waking up in James' Hospital' is the next thing he remembers. He told the court someone in the hospital told him he was involved in an incident with the gardai. He said he ran out of the hospital. 'I freaked out, I thought there was nothing wrong with me,' he told the court. The complainant said he woke up with a pain in his head and went to the Mater Hospital where he got a CT scan and then went to Beaumont Hospital where he stayed for five days. He said he had headaches but has no issues with his memory. 'You heard about this investigation because there was some publicity about it?' Mr Gallagher put it to him, to which he replied 'yeah'. The complainant said he spoke to GSOC and gave them two videos - one of him on the ground that someone else had recorded and one of the garda approaching him, which he had taken himself. When the complainant was asked by Mr Gallagher if he was ever charged with any offences in relation to events in Temple Bar on June 1, 2021, he replied 'no'. CCTV was shown to the court of two gardai on Essex Street and Mr McQuade said his client was the one wearing shorts. CCTV captured from the exterior of Dolphin House on Essex Street and from Pearse Street Garda Station was shown to the court. The trial continues today before a jury of eight men and four women with Judge Pauline Codd presiding. Stock image Today's News in 90 Seconds - July 17th
