Two gardaí have been cleared of any wrongdoing in court after they had been accused of falsely imprisoning a violent juvenile offender in a Dublin garda station two years ago.
40-year-old Garda Stephen Conran and 56-year-old Damien Kirwan, a sergeant who retired after he was charged, were both found not guilty at the Dublin District Court.
The youth, who was 15 at the time, has 53 previous convictions including for burglaries, theft, car theft and possession of a knife.
He was on bail at the time and went in to Sundrive Road Garda Station to sign on.
The teen was on his phone at the time, which is contrary to the rules, and became abusive and aggressive when he was asked to either take the call outside or hang up.
He made threats, tried to headbutt one of the gardaí, spat at another and twisted one of the garda's fingers back as they tried to restrain him.
Sgt Kirwan knew the youth had convictions for knife crime and became concerned that he may have been carrying a knife at the time.
The incident was captured on CCTV.
The 15-year-old subsequently made a complaint and both men were charged with false imprisonment, while Sg Kirwan was charged with assault causing harm.
Both denied the charges, testified in court and were both acquitted.
Judge John Hughes said that Sgt Kirwan had at the time "little other option but to strike the complainant."
The judge pointed out that neither garda had a baton, pepper spray, stab proof vest or any protective or defensive equipment.
The judge also said there were issues with the youth’s "credibility" and found that the force the gardaí used was "proportionate."
The Association of Garda Sergeants and Inspectors (AGSI) has welcomed the outcome of the case and in particular, the judges' comments on "proportionality".
However the AGSI said the case highlights once again that members of An Garda Síochána legitimately doing their job can be faced with criminal prosecution.
In this case, it says it was a matter which hung over them for two years, following one member into retirement.
"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," the AGSI said.
'Fundamentally wrong'
Meanwhile the Garda Representative Association (GRA) says there is "something fundamentally wrong" with the justice system attempting to criminalise and prosecute gardaí who act lawfully in very difficult situations.
The President of the Association 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 disincentivising proper policing when gardaí acting lawfully are in greater fear of the criminal justice system than the criminals themselves," he said.
