Two gardai accused of false imprisonment of a Dublin teenager with a "propensity to violence" and more than 50 prior criminal convictions have been cleared of any wrongdoing.
The then 15-year-old boy, who was awaiting trial for robbery, had claimed he was held against his will and beaten up at Sundrive Road station in Dublin after going there to sign on as a bail requirement.
Garda Stephen Conran, 40, and now retired Garda Sergeant Damian Kirwan, 56, were charged with false imprisonment of the boy on the morning of April 20, 2021, at Sundrive Road Garda station.
READ MORE: Garda checkpoint carnage as cars smash into each other trying to avoid it
Sergeant Kirwan faced an additional charge for assault causing harm to him during the incident which lasted about five minutes.
They pleaded not guilty and faced a non-jury hearing before Judge John Hughes at Dublin District Court, which concluded this 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.
His colleague Garda Conran said the sergeant struggled with the teen who was about the same size. Garda Conran said he assisted his colleague, held the teen's hands, arms and shoulders and then stood back. A report found he did not exceed Garda training guidelines. A medical report on the sergeant's injury was also furnished.
The boy was not carrying a knife, but a pen was seized.
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.
In evidence, the teen claimed Garda Conran grabbed his hands, and the sergeant assaulted him, choking him and hitting him in the face "a few times".
He alleged that Garda Conran blocked and kept holding the door for a few seconds "and would not let me go". The teen said he was bleeding from his nose and could not defend himself. He said that when he left, he was crying and rang his mother.
Under cross-examination from Sergeant Kirwan's barrister, Justin McQuade, he admitted he had to sign twice daily as a condition of bail from a case before the Children's Court.
He agreed the conditions were strict but repeatedly claimed he could not remember the offence.
He could not say how many times he had appeared in court or give an approximate number. It was put to him he had been facing trial for robbery, deception and unlawful seizure of a vehicle charge, but he said he could not remember and "this is irrelevant".
He accepted he later received a six-month sentence in the Oberstown detention centre.
Counsel asked him if his previous offences included theft, production of a knife in a dispute, motor theft, burglary, trespass, unlawful seizure of a vehicle, criminal damage, travelling in a stolen vehicle, robberies, and public order offences.
He answered "don't know" repeatedly.
Mr McQuade told him to "man up" and "stop hiding behind 'I can't remember'."
The defence revealed it had been provided with disclosure of the teen's record of 53 prior criminal convictions.
The boy denied threatening Gardai with, "Fuck off, come out, and I'll fucking stab you."
The teen denied struggling or grabbing the sergeant by the throat, or hitting or attempting to headbutt him. He did not accept the sergeant had been trying to restrain him but said, "Two grown men hit you, and you hit them back".
He would not agree he was restrained because he had made a serious threat.
Questioned by Eoghan Cole BL, for Garda Conran, he accepted that the officer held him by his hand, arms and shoulders but had not kicked or punched him. He also agreed that Garda Conran later stood back, and the video showed that he had not blocked the door.
READ NEXT:
Man dies in horror crash in Meath as gardaí rush to close road
Gardai appeal for witnesses after shooting in Tallaght as suspects flee the scene
'I blame myself' - Donncha O'Callaghan opens up about being duped by money scam
Police release statement following Meghan and Prince Harry's 'near catastrophic car chase'
Gardaí investigating claims an alleged spree killer has come to Ireland – to claim asylum
Get news updates direct to your inbox by signing up to our daily newsletter here
