Gardaí cleared of assault charge

Two gardaí were cleared today on a charge of assault causing harm to a teenager at a holding cell in Gurranabraher garda station in Cork.

Following almost three hours of legal argument, Judge Sean O’Donnabhain directed the jury to return verdicts of not guilty by direction of the trial judge on the charges against Garda Maurice Leahy and Garda Morgan O'Sullivan, both of whom are stationed at Gurranabraher Garda Station.

Both gardaí had denied the charge of assault causing harm to Timmy Power (aged 19) of Fota Lawn, Knocknaheeny, Cork, at Gurrabraher Garda Station between 11pm on February 18, 2001 and 2am on February 19 2001.

Defence senior counsel, Patrick McCarthy, for both defendants said that the prosecution evidence on identification of the defendants by the complainant was “of such incoherence that it could not be allowed to go to the jury".

He further argued that it was “too weak, tenuous and inconsistent to allow it to go the jury. There is not sufficient evidence to make out a prima facia case.”

In respect of Garda Leahy, the judge said after hearing the arguments in the absence of the jury, “If that is very height of the State case there is no case against Maurice Leahy.”

He said that the only evidence against Morgan O’Sullivan was that he arrested the defendant.

“There is insufficient cogent evidence on which a case against him could be put to the jury other than to ask them for their hunch, suspicion or to take a walk in the dark and I do not propose to do

that,” Judge O’Donnabhain said.

When the jury returned to the packed Courtroom Two at Cork Circuit Criminal Court, the judge directed them to return not guilty verdicts in both cases.

He explained that the case did not manage to get over the legal hurdles required before it could be put to a jury for their consideration.

Timmy Power claimed he was arrested and put in a cell at Gurranabraher garda station and that three men came into the cell and assaulted him.

There was a conflict in evidence within the prosecution case as to whether the light was on in the cell at the time of the alleged incident.