A garda has been cleared of assaulting a Dublin youth during an attempt to arrest him on a public order charge.
The jury at Dublin Circuit Criminal Court failed to reach a verdict on another garda accused of assaulting the youth's brother.
Garda Niall Colleran (30), of Ballivor, Co Meath, was cleared of assault causing harm and common assault on Mr Eugene Donnelly, then 17-years-old, at Strand Street, Malahide on June 29th, 1998. The jury disagreed on whether to convict Garda Brendan O'Grady, originally from Tullamore, Co Offaly, and with an address at Swords Garda Station, of assault causing harm or common assault on Mr Eric Donnelly, then 20-years-old.
After the verdict, Mr Brendan Grehan, prosecuting, told Judge Dominic Lynch that he needed to receive further instructions from the DPP on whether Garda O'Grady should be retried. He asked the judge to place the case in the mention list at the Circuit Criminal Court for Friday, June 2nd. Mr Patrick Gageby SC, defending, asked that Garda O'Grady be excused from the court on June 2nd and said that it might place "a certain strain" on his client. Mr Grehan said that a new trial date might be set at that court sitting and it was important for Garda O'Grady to attend. Judge Lynch said he would make no special order on whether Garda O'Grady should attend and released him on bail.