Pepper spray case - Trial should never have gone ahead

The refusal of the State to pay the legal costs of two gardaí prosecuted for assault, despite no evidence of wrongdoing, is an unfair and spiteful response to the outcome of a criminal trial that should never have happened.

The two gardaí were accused of assaulting a violent teenager with pepper spray following his arrest in Cork City. Charges were dropped during the hearing on Monday after defence solicitor Frank Buttimer demolished the State’s case in short order. The two gardaí had to wait a year-and-a-half to get their names cleared and now face a combined total of €14,000 in legal bills because the State is refusing to pay them.

The gardaí used the pepper spray while attempting to subdue the teenager. According to his own mother, he is “an absolute gurrier of the highest order”, with 22 convictions for violent assault and other crimes.

He was the ringleader of a violent and sustained attack by a gang of youths on Paul Street Shopping Centre in May 2012. He had resisted arrest and proceeded to headbutt a window of the squad car.

The force used by the gardaí — far from being excessive — was extraordinarily restrained. Many police forces, including An Garda Siochána, use pepper spray as an alternative to more violent methods to subdue aggressive suspects. It is sanctioned as a “non-injurious alternative to the baton”. While anyone on the receiving end will have an unpleasant experience, it does no lasting harm.

So why issue a prosecution for its use?

The teenager complained to An Garda Síochána Ombudsman Commission two days after his arrest and, following an investigation by the commission, the DPP directed that the gardaí be charged with assault causing harm.

The trial judge, Olann Kelleher, said that based on what he had heard in court, there was no evidence to suggest the gardaí had used pepper spray in any manner not in accordance with the law. If absence of evidence of wrongdoing was clearly obvious to him after a hearing of less than two hours, why did it elude the commission and DPP for 18 months?

It would be greatly worrying if the gardaí were now reluctant to use humane methods like pepper spray if they believed they would face prosecution for doing so. Equally, it would be of concern if gardaí felt less inclined to pursue their duty with vigour if they faced the prospect of criminal charges.

A more sinister footnote to this whole affair came from a spokesman for the commission in the aftermath of the case. “It is important to note that there was no verdict as the prosecution was withdrawn,” he told the media — a curious remark, to say the least.

This case raises a number of questions:

Who decided to instigate the investigation and why did it take so long?

Why did the DPP follow through with a charge when there was clearly so little evidence?

The gardaí involved — and their colleagues — have a right to know and so do the public. Any matter that may undermine the confidence of citizens in An Garda Siochána is of serious concern to the public at large.