Jury finds garda not guilty of assault

A jury of eight women and four men have found a community garda not guilty of striking three "Reclaim the Streets" protesters with his baton two years ago.

Garda Donal Corcoran, of Mountjoy Garda Station was unanimously found not guilty of all three counts of assault causing harm to Oisin Breen, Butterfield Park, Rathfarnham, Katie Crean, New Cabra Road, Dublin 7 and Brian Hayden, Knockmore Grove, Tallaght on May 6, 2002.

His family and friends broke down in tears as the unanimous verdict of the jury was delivered in Dublin Circuit Criminal Court following deliberatons of two hours 33 minutes on day-six of the trial.

Gda Corcoran remained composed while the jury’s verdict was recorded. He thanked his counsel, Mr Patrick J McCarthy SC (with Mr Breffini Gordon BL) and his solicitor before leaving court after he was discharged by Judge Yvonne Murphy.

Gda Corcoran agreed in evidence last Friday, he had struck Mr Hayden on the head with his baton and used excessive force in dealing with him.

He said it was his intention to hit his outstretched arm in order to protect his garda colleague whom he believed Mr Hayden was about to punch. He denied striking Ms Crean and Mr Breen and told the jury he knew people referred to him as ‘Robocop’ and ‘Terminator’.

Judge Murphy, in her charge to the jury, said there were two main principal rights surrounding the trial: a citizen's right to protest or march regardless of their point of view and a garda’s right to do his or her job.

She said this was not a contest between Mr Hayden, Ms Crean and Mr Breen against Gda Corcoran; rather, it was a case brought by the State against him and these three people were merely witnesses in the trial. She further advised the jury to be impartial in its considerations.

Mr McCarthy had urged the jury in his closing submission to consider the law of assault which he said allowed for assault when it occurred because of self defence.

He recalled that Gda Corcoran had told the jury in evidence he was acting in defence of a colleague when he struck Mr Hayden. He advised the jury it must decide if there was a reasonable possibility that in Gda Corcoran’s state of mind at the time his actions were justifiable.

He told the jury they should put themselves "in the mind of the alleged assailant" to determine if Gda Corcoran was right in doing what he did.

He agreed with Mr Gillane that Ms Crean presented as an open, honest and candid witness but he warned the jury to consider she was mistaken in her identity of Gda Corcoran as her assailant.

Mr McCarthy said there was a serious state of confusion at the time and his client was one of 20 gardaí who were in the line directly behind her.

Mr McCarthy said Mr Breen gave a "welter of conflicting evidence" and he asked the jury to consider it did not surmount to a sufficient level to convict his client on this count.

He also said that there was a weakness in Mr Breen’s identification and that his evidence in court contradicted that given in his statement.

Mr McCarthy concluded that Gda Corcoran did not have a high level of experience and was relatively junior. He further said that his client was not prepared for his duties that day and because of a lack of management on the day was thrown into the situation.

Earlier, Mr Sean Gillane BL (with Mr Tom O’Connell SC) said, in his closing statement for the prosecution, there were three trials that need to be considered in this case.

He said everyone was in agreement that Mr Hayden was struck by Gda Corcoran but the question was why?

Mr Gillane said Gda Corcoran claimed it was in defence of a colleague and that Mr Hayden was acting in an aggressive manner towards gardaí. He suggested that Mr Hayden was plucked from the crowd and struck from behind and deliberately so.

"Mr Hayden did not even so much as lay an eye ball on the garda who struck him," he said.

Mr Gillane said Ms Crean’s honesty was immediately obvious and had not overemphasised her situation, stating she was not in need of medical attention as a result of receiving a baton blow.

She was looking behind her and she saw who struck her. Mr Gillane said everyone was in agreement Ms Crean had been struck but the question was by who?

Mr Gillane described Mr Breen as a "colourful witness". He said Mr Breen had admitted that other gardaí hit him but he remembered Gda Corcoran as hitting him as he was the one who hit the first blow.

Counsel said the question in relation to Mr Breen again was who hit him and indeed where they hit him.

Mr Gillane advised the jury not to decide the case on the basis of prejudice or sympathy they might have for either protesters or gardaí. They should leave all sentiments outside the door.