By Niamh O’Donoghue
A garda has gone on trial at Dublin Circuit Criminal Court accused of assaulting a teenager in Temple Bar in 2021.
The complainant gave evidence that he suffered a fractured skull and spent five days in Beaumont Hospital following the alleged assault.
Lorcan Murphy (32) of Pearse Street Garda Station has 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 are alleged to have taken place on Essex Street, Dublin 2 and Pearse Street Garda Station on June 1, 2021.
In his opening speech, John Gallagher BL prosecuting, told the court the accused was a serving member of An Garda Siochana and an investigation was carried out by GSOC, which is now known as Fiosru.
Mr Gallagher said the assault is alleged to have happened during the Covid-19 period “when one set of regimes runs into another” but that at this time limited gatherings outdoors were permitted.
He said there was a short encounter where the alleged injured party was brought to the ground in an effort to restrain him and a number of bystanders were present.
There was a short engagement which lasted a minute or two at most when he was “brought to the ground”, Mr Gallagher said.
Mr Gallagher said the complainant was “brought to the ground with his knee”, and he was “completely, effectively restrained”. He was handcuffed and brought to his feet.
Counsel said the alleged victim was handcuffed and could not put his hands out to protect himself.
Mr Gallagher said it was the prosecution’s case that by sweeping his legs from under the alleged injured party and him landing him on his head, “this amounted to assault”.
Counsel said the alleged injured party was visibly unconscious when he was lifted into a Garda van and was taken to Pearse Street Garda Station for processing.
Mr Gallagher said there was a second charge of assault at Pearse Street Garda Station, when the complainant was having “difficulty staying conscious” and he was pulled back by the hair. He said that it was the prosecution’s case that this “manhandling” amounted to a second assault.
He told the jury they would hear medical evidence. Mr Gallagher said there must be a legitimate use of force or reasonable force. He said “it’s not carte blanche” to use force and he told the jury they would be asked to consider whether it was reasonable force.
He also told the jury they would have to hear an account by Gda Murphy and would have to consider if there was “a basis for using it”.
Mr Gallagher said gardai “have a very difficult job” but the same laws that apply to everyone else regarding the use of force also apply to the Gardai.
He told the jury that defence counsel Justin McQuade BL wanted it “clarified” that there had been an earlier engagement between the accused and complainant.
The complainant gave evidence that he could not recall the events and “the doctor told me it was ok not to remember” but said “I was assaulted, I was tripped up supposedly, I fractured my skull,” he told the court.
He told the court he was “drinking that day” and that he had had “quite a few.” He said he had been “smoking weed” and said he would normally smoke four or five joints a day. He also said that he “could have been” carrying alcohol.
He said he was up in Stephen’s Green and his girlfriend at the time was in Temple Bar so he went to meet her and said the last thing he remembered was walking past McDonald’s on Grafton Street.
The alleged victim said “waking up in James’ Hospital” is the next thing he remembers. He told the court someone in the hospital told him he was involved in an incident with the gardai.
He said he ran out of the hospital. “I freaked out, I thought there was nothing wrong with me,” he told the court.
The complainant said he woke up with a pain in his head and went to the Mater Hospital where he got a CT scan and then went to Beaumont Hospital where he stayed for five days.
He said he had headaches but has no issues with his memory.
“You heard about this investigation because there was some publicity about it?” Mr Gallagher put it to him, to which he replied “yeah”.
The complainant said he spoke to GSOC and gave them two videos – one of him on the ground that someone else had recorded and one of the garda approaching him, which he had taken himself.
When the complainant was asked by Mr Gallagher if he was ever charged with any offences in relation to events in Temple Bar on June 1, 2021, he replied “no”.
CCTV was shown to the court of two gardai on Essex Street and Mr McQuade said his client was the one wearing shorts.
CCTV captured from the exterior of Dolphin House on Essex Street and from Pearse Street Garda Station was shown to the court.
The trial continues before a jury of eight men and four women with Judge Pauline Codd presiding.