A garda has been convicted of assaulting a teenager in Temple Bar, Dublin 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 at Pearse Street Garda station on June 1st, 2021.
After four hours and 20 minutes of deliberation following a trial at Dublin Circuit Criminal Court, the jury returned unanimous verdicts of guilty on both counts.
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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 3rd, in order to prepare a probation report and a victim impact statement.
She remanded Murphy on continuing bail.
The trial heard the first alleged assault happened on Essex Street, where the then teenager and others had gathered outdoors, which was permitted at stage of Covid-19 related restrictions.
The complainant admitted he had been drinking and smoking cannabis before the encounter, could have been carrying alcohol and did not remember arriving in the Temple Bar area.
Garda Murphy, in a statement, said he went to Essex Street assist a colleague who was dealing with the complainant.
Mr Murphy claimed the complainant produced a glass bottle in such a way that he believed he was at risk of being struck.
In his closing speech, John Gallagher BL, prosecuting, told the jury it is accepted that the complainant was “deserving of garda attention” on the day and no issue is taken with his initial arrest.
He said the prosecution’s case is that a leg sweep on the complainant while he was in handcuffs, and the subsequent impact of his head hitting 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.
Counsel said the alleged injured party was visibly unconscious when he was lifted into a Garda van and was taken to Pearse Street station for processing.
The prosecution alleged a second assault happened in the garda station, with the accused pulling the complainant’s head backwards using his hair, then applying force to his chest or his sternum. He said the complainant was a minor who was handcuffed and awaiting medical attention at this time.
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 gardaí are going to be criminalised for using force, they may be slower to use it in the future and that benefits no one.
