By Claire Henry
A witness has told a jury that he heard the gardai shout “knife” before a teenager was allegedly “spear” tackled to the ground.
Lorcan Murphy (32) of Pearse Street Garda Station has pleaded 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.
A witness in the case, Darragh Fitzpatrick, told the trial that on the evening in question, he had just finished hurling training when he received a call from his friends who were in the Essex Street area.
He cycled to the area and met with his friends. Mr Fitzpatrick told the jury that he was not drinking and was just chatting and socialising with his friends.
Mr Fitzpatrick described seeing a group of young people drinking down a lane and, upon seeing them, he turned away and left the lane, telling the court, “it wasn’t my scene”. He also described seeing gardai in the area.
John Gallagher BL, prosecuting, asked Mr Fitzpatrick if he had seen any interaction between the gardai and the complainant in this case, to which he replied: “He seemed out of it, he didn’t seem to know what was going on.”
Mr Fitzpatrick also told the jury that he saw “a bit of grabbing and handcuffs being placed on him [the complainant] and hearing something about a knife”.
Mr Fitzpatrick told the jury that when he heard the word “knife”, he took a step back. He then told Mr Gallagher, prosecuting, that he saw one of the members of the gardai, identified as Mr Murphy, “spear tackle” the complainant.
He described the complainant as going “limp and lifeless”. He said: “At the time, I was frozen. I was stuck to the spot, taking it all in. I was initially very shocked.”
Under cross-examination from Justin McQuaid BL, defending, Mr Fitzpatrick confirmed there were a lot of people drinking in public and that pubs were closed due to COVID-19.
The witness agreed that he saw a large group of young people, and that was so off-putting to him that he turned around. He further agreed that he was wary to the extent that he turned around.
Mr McQuaid put it to Mr Fitzpatrick that when he heard the word “knife”, he had the benefit of retreating, to which the witness replied: “I think I stood my ground.”
Counsel responded: “You said, I took a step back, I wrote that down”, to which Mr Fitzpatrick said, “I may have”.
Another witness, Aileen Fitzmaurice, also gave evidence that she had been in the area with Mr Fitzpatrick at the time of the alleged incident.
She recalled there were quite a few teenagers in the area, and they were approached by two members of the gardai. She told the jury that she could not hear what was said between the gardai and the complainant but thought there was an “aggressive demeanour”.
Ms Fitzmaurice described that everything then happened quite quickly, and the complainant ended up face down on the ground. He was restrained by the gardai, and she then heard shouting “where is the knife?”
She said a garda van then arrived and additional gardai. Describing the gardaí taking the complainant off the ground, Ms Fitzmaurice said: “It was like they flipped him in a sudden manner and bashed his head off the ground.” She described a loud sound, which was startling.
Mr McQuaid asked Ms Fitzmaurice to confirm that she heard “where is the knife” being repeatedly said, which she did. He put it to her that her friend Mr Fitzpatrick heard the word “knife” being said before the complainant was arrested.
Ms Fitzmaurice said that was not her recollection but she said it was four years ago and she “cannot remember exactly the sequence of how it happened”.
Eoghan Hickey also gave evidence that he was socialising with his friends Mr Fitzpatrick and Ms Fitzmaurice. Mr Hickey said he heard one of the gardai saying “drop the knife” repeatedly. He also described the complainant as being “limp” when he was brought to the garda van.
Mr McQuaid told Mr Hickey that in his official statement, he said the complainant was “pushed against the wall and gardai shouted where is the knife and then slammed him to the ground,” which Mr Hickey confirmed. Counsel said, “It is perfectly clear that when they shouted, where is the knife the complainant was upright when you heard that”, to which he replied, “Yes”.
Donal Grant, an investigator with Fiosrú, previously known as GSOC, gave evidence that this matter came to his attention after it was reported that the complainant in this case suffered a head injury as a result of his arrest. He said an investigation began, CCTV footage and witness statements were taken, and Mr Murphy was interviewed on two occasions.
Mr Grant then created a report, which was sent to the Director of Public Prosecutions, and they directed a prosecution.
Two statements from Mr Murphy were read to the jury in which he outlined the events of June 1, 2021. Mr Murphy said that he went to assist his colleague, who was dealing with the complainant. Mr Murphy instructed the complainant to remove his hands from his pockets. He noted that the young male tensed up and was again asked to take his hands out of his pockets, to which he did not comply.
Mr Murphy’s statement said the complainant produced a glass bottle, and he did so in such a way that Mr Murphy believed he was at risk of being struck with the bottle. The bottle was then pushed out of the complainant’s hand, and he was informed that he was being placed under arrest.
The complainant was placed on the ground, and a fellow garda placed one handcuff on him. His second hand was under him, and he was resisting arrest, the court heard.
Mr Murphy said he managed to take hold of his second hand, and he was handcuffed. The statement said that the complainant was spitting towards Mr Murphy and prisoner transport was requested.
Mr Murphy stood up and took the complainant to his feet as well. He told the crowd that had gathered to “get back,” but they did not do so. Mr Murphy said he felt unsafe both for his own personal safety and the safety of the arrested male.
He said he had his hand on the complainant’s back and he felt him shift his weight, and Mr Murphy successfully 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 that at no stage was he unconscious. He again requested prisoner transport and that a doctor be called to Pearse Street Garda Station.
The trial continues before Judge Pauline Codd.