Garda convicted of assaulting teenage boy in Temple Bar four years ago

Lorcan Murphy, 32, of Pearse Street Garda Station, had pleaded not guilty to two counts of assault causing harm in 2021

The assaults on the then 17-year-old took place on Essex Street, Dublin 2, and Pearse Street Garda Station on June 1, 2021. Picture: Stephen Collins/Collins

A garda has been convicted of assaulting a teenager in Temple Bar four years ago following a trial at Dublin Circuit Criminal Court.

Lorcan Murphy, 32, of Pearse Street Garda Station, pleaded not guilty to two counts of assault causing harm under section 3 of the Non-Fatal Offences Against the Person Act, 1997.

The assaults on the then 17-year-old took place on Essex Street, Dublin 2, and Pearse Street Garda Station on June 1, 2021.

After four hours and 20 minutes of deliberation, the jury returned unanimous verdicts of guilty on both counts.

There was complete silence in the court after the jury delivered its verdict.

Judge Pauline Codd thanked the jurors for their service. She adjourned the matter for sentencing until November 3 next, in order to prepare a probation report and a victim impact statement. She remanded Murphy on continuing bail.

The trial heard the complainant had been “drinking that day” and had also been “smoking weed”. He also said that he “could have been” carrying alcohol.

He went to meet his girlfriend in Temple Bar and said the last thing he remembered was walking past McDonald’s on Grafton Street.

He said “waking up in James’ Hospital” was the next thing he remembered. Someone in the hospital told him he was involved in an incident with the gardaí.

He said he ran out of the hospital as he “freaked out”, and thought nothing was wrong with him.

He woke up with a pain in his head, then went to the Mater Hospital before being transferred to Beaumont Hospital, where he stayed for five days.

He said he had headaches but has no issues with his memory.

The complainant agreed during cross-examination he had no recollection of the incident, due to a head injury, but accepted alcohol and cannabis could have contributed to his lack of memory.

In his evidence, Mr Murphy said he went to assist a colleague, who was dealing with the complainant. He instructed the complainant to remove his hands from his pockets, then noted the young man tense up.

Mr Murphy said the complainant produced a glass bottle in such a way that he believed he was at risk of being struck with the bottle.

Mr Murphy said he managed to take hold of the complainant’s second hand, and he was handcuffed. He said the complainant was spitting towards him.

Mr Murphy said he felt unsafe both for himself and the arrested complainant.

He said he had his hand on the complainant's back and felt him shift his weight, and Mr Murphy then performed a leg sweep. The side of the complainant's body and head made contact with the ground.

Mr Murphy checked him visually and said at no stage was he unconscious. He requested prisoner transport and that a doctor be called to Pearse Street Garda Station.

In his closing speech, prosecuting counsel John Gallagher BL told the jury the prosecution's case was that excessive force was used in the leg sweep, which resulted in the complainant’s head impacting the ground.

He submitted the level of force used to bring the complainant to the ground after his initial arrest was not reasonable, inherently dangerous and likely to cause injury to the complainant.

Mr Justin McQuade, BL, defending, said the force used was a leg sweep, and it was an “unfortunate secondary impact” when the complainant hit his head on the ground, adding his client “did not have the luxury of picking a softer landing point”.

Mr McQuade suggested if gardaí were going to be criminalised for using force, they may be slower to use it in the future and that benefits no one.