Judge Grainne O’Neill said the evidence of CCTV showed the first contact was a grabbing of the wrist which was consistent with somebody disarming another and she dismissed all four charges of Section 2 assault against the two gardaí.
David Naughton, aged 33, with an address in Lucan, and Wesley Kenny, aged 36, with an address in Sandyford, had pleaded not guilty to assaulting brothers Luke Morrison, 19 and James Morrison, 22, on December 5 last.
The Morrisons claimed they were assaulted after the two defendants tried to barge their way into Luke Morrison’s flat saying they were looking for “brassers” (prostitutes) and the gardaí got angry when they could not find prostitutes.
The third day of the hearing at Limerick District Court yesterday, heard statements given by the two defendants to investigating gardaí last March.
Both defendants claimed they were set upon in an attempted robbery and feared they would be cut up and slashed, as they believed one of their assailants was armed with a knife.
Judge O’Neill said it was regrettable that the defendants did not relay their concerns at what had occurred to them on the day to the uniformed gardaí who dealt with the matter.
If they had done that all of what unfolded would have been avoided.
Both defendants said after booking into the Clarion Hotel, they went to Jerry Flannery’s bar with Dublin colleagues for their Christmas party. They left the pub for a period and when outside they heard a man say they were going to get it.
They were followed to the side of the pub and again threatened by two men.
One man reached down the back of his trousers for what Mr Naughton believed was a knife and they were told “you fuckers are going to get cut up” as the two assailants demanded their wallets.
During a subsequent encounter, colleagues who were in Flannery’s pub came out and the two men who approached them were subdued.
Wesley Kenny said one spat into his face. David Naughton said he was spat at and bitten.
Both attended a hospital for injuries they received.