Two gardaí charged with assaulting teenager, 16

Two members of An Garda Síochána appeared in Cork District Court yesterday charged with assault causing harm to a 16-year-old boy.

Garda Brendan Dowling, aged 46, and Garda Fiona Sheehan, aged 27, both appeared on a charge of assault causing harm to the teenager at Cook St, Cork, on May 12, 2012.

Judge Olann Kelleher was told that both defendants were pleading not guilty to the charge and were anxious to contest the case as soon as possible.

Frank Nyhan, state solicitor, outlined the alleged facts in the case so that Judge Kelleher could accept jurisdiction. The DPP had already directed that it was a suitable case for the district court.

Mr Nyhan said: “The allegation is that the injured party was pepper-sprayed and incapacitated. There are no significant injuries.”

Judge Kelleher said: “I accept jurisdiction.”

Frank Buttimer, solicitor, who represents Garda Sheehan, and he said he was standing in for Garda Dowling’s solicitor, Martin Moran. “There is a plea of not guilty and the matter will be contested in full in respect of both defendants,” said Mr Buttimer.

The solicitor applied for a copy of the prosecution statements in the case and an adjournment for a month.

Mr Buttimer said that the parties would have a better idea on Oct 16 how long the contested case would take.

“Both are anxious to contest it as early as possible. Both parties are anxious to contest the case,” he said.

Judge Kelleher said there was no reason for the defendants to attend on the next occasion when the matter would only be before the court for the purpose of fixing a trial date.

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