Garda representative bodies have welcomed a judge’s decision to dismiss criminal charges against two members of the force – but criticised the prosecution in the first place.
The bodies spoke out after two officers, Garda Stephen Conran and Damien Kirwan, a sergeant who retired after he was charged, were acquitted by a judge at Dublin District Court on Thursday evening of falsely imprisoning a youth at a Dublin Garda station in 2021.
Sgt Kirwan (56) was also acquitted of assault causing harm to the same teenager during an incident at Sundrive Road Garda Station in south Dublin in April of that year.
READ MORE - Two gardai accused of false imprisonment of Dublin teen cleared
The then 15-year-old boy, who was awaiting trial for robbery and has more than 50 convictions, had claimed he was held against his will and beaten up at the station after going there to sign on as a bail requirement.
The officers pleaded not guilty and faced a non-jury hearing before Judge John Hughes at Dublin District Court, which concluded on Thursday evening with acquittals on all charges.
Sergeant Kirwan had retired with 30 years of service before the hearing, but his colleague Garda Conran had been suspended from duty for two years pending the outcome of the proceedings.
Judge Hughes noted the evidence from the defendants that the boy, now 17, was told by Garda Conran that he could not sign on while using his phone, and the sergeant told the youth not to "disrespect the station".
The court heard claims the teen made a threat "Fuck off, come out, and I’ll fucking a stab you" and that he remained aggressive.
After the threat, the sergeant feared he was carrying a knife and went out to search him, followed by Garda Conran, who had also suspected the teen was recording inside the station.
The court heard there was a scuffle, and the teen tried to headbutt and hit the sergeant, who had to grab him.
He had one of the sergeant’s hands and was twisting his finger.
The sergeant told the court he had overestimated his ability to handle the teen and had to punch him to quell the situation.
The court heard he used three punches but testified that he used minimal force and offered the boy a tissue afterwards before he left. Garda Conran also offered him medical attention.
Delivering his verdict, the judge said the teen was punched, bloody and left crying, but the context was important.
The teen was known to carry a Stanley knife, had 53 prior convictions, and the officers were aware of his reputation.
He described the teen’s evidence as "unreliable" and noted that he repeatedly avoided questions and was selective in his recollections.
The judge noted that Garda Conran feared members of the public could have been at risk, and he felt compelled to restrain the boy, who cannot be identified because he is a minor.
He also noted that because the officers were on station duty, they did not have protective clothing, batons, or pepper spray as available options when the situation escalated.
He held Sergeant Kirwan needed to act because he knew the complainant had a "propensity for criminality and violence", and following the stab threat, he was obliged to use force, which was proportionate.
The sergeant’s finger was also twisted and injured, and he had “little option but the strike” the teenager to quell the situation.
The Association of Garda Sergeants and Inspectors has welcomed the outcome of the case – especially Judge Hughes’ comments on proportionality.
But it also said the case highlights again that gardai can face prosecution – for just doing their jobs.
AGSI said in a statement after the verdict: "While justice has prevailed in this case, it is another example of why An Garda Síochána has become increasingly challenging for many, why it is not attractive as a career, and why the constitutional right to innocent until proven guilty sadly does not appear to apply to members, where more often than not they are guilty until proven innocent."
And the Garda Representative Association, which represents rank and file members of the force, said gardai were in fear of the cranial justice system when they carried out their policing duties.
GRA president Brendan O’Connor said: "Yet again we have seen members of An Garda Síochána being subjected to a serious prosecution only to be completely vindicated by the courts.
"Individual members subjected to unwarranted prosecution are paying a huge price in terms of personal and professional reputational damage and colleagues are being sent a very clear message that is disincentivizing proper policing when gardaí acting lawfully are in greater fear of the criminal justice system than the criminals themselves."
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