Garda accused of homeless man’s assault

A garda accused of assault causing harm to a homeless man who later died, was today served with a book of evidence and returned for trial before a judge and jury.

Garda Brendan Whitty was summonsed to appear at the Dublin District Court by the DPP at the suit of the Garda Ombudsman.

The defendant, who is attached to Kevin Street Garda station in Dublin, is accused of assault causing harm to Keith Murphy (aged 32) at Thomas Street, Dublin 2, on September 20, 2007.

Mr Murphy, who was of no fixed abode, was discovered near Christchurch Cathedral on the same date and died later at St James’s Hospital.

Defence solicitor Peter Mullan told Judge Mary Collins that the case was listed for service of a book of evidence on the defendant, who was not in uniform, during his court appearance.

Mr Mullan also added that there was no objection to bail.

Judge Collins was told by a State’s solicitor that the Director of Public Prosecutions had directed return for trial to next sittings of the Dublin Circuit Criminal Court, on one charge in the indictment.

The book of evidence was then served on Garda Whitty, who was dressed in a white striped shirt, and tie, and black trousers.

Judge Collins notified him that should he intend to rely on an alibi as part of his defence he must furnish the details, including names and addresses, to the Chief Prosecution Office within 14 days.

She then made an order sending his case forward for trial to the Circuit Court, with bail in his own bond of €300, and with no conditions attached.

Garda Whitty spoke briefly during the case saying “it is yes” to confirm his signature on his bail bond.