A homelsess man will face trial in September over an incident on Dublin’s Henry Street in which his arrest was filmed and went viral on the Internet.
Krzysztof Podgorzec (35), a Polish national of no fixed abode, appeared at Dublin District Court.
His trial was adjourned by Judge Bryan Smyth to allow time for the prosecution to obtain CCTV evidence.
The court heard the video evidence had not been available at an earlier stage because it formed part of a Garda Siochána Ombudsman Commission (GSOC) investigation into the arrest. The GSOC inquiry concluded in May and concluded the use of force by the arresting officer was lawful and proportionate.
Mr Podgorzec faces two charges in connection with an alleged incident on Henry Street on March 13th: being intoxicated to such and extent in public that he was a danger to himself and others, and breach of the peace by engaging in threatening, abusive or insulting words or behaviour.
He is contesting the charges. Both are a summary only offences that are dealt with at district court level.
On conviction the first charge carries a fine while the second can result in a three-month sentence as well as a monetary penalty.
The defence objected to the adjournment and said they had been refused disclosure of evidence. However Judge Smyth agreed to the prosecution’s request to set a new trial date. Mr Podgorzec was remanded on continuing bail.
At an earlier stage his solicitor asked to be furnished with disclosure of prosecution evidence to include any CCTV. A video of the alleged incident showed an officer arresting a man lying in a doorway under a sleeping bag.