A garda who was convicted of assaulting a teenager while arresting him has been given a three-year sentence with the final two years suspended.
Judge Pauline Codd said Lorcan Murphy, aged 32, of Pearse Street Garda Station in Dublin had recklessly exposed the vulnerable 17-year-old to grave danger by flipping him upside down while handcuffed, resulting in a fractured skull.
The judge said the force used was unnecessary and disproportionate as the teenager was lying face down and posing no threat.
Murphy had pleaded not guilty to two counts of assault causing harm, but after a trial last July, a jury found him guilty by unanimous verdict.
It heard the garda had "spear tackled" and used a "leg sweep" to bring the teenager to the ground after arresting him while trying to clear crowds who were drinking on a Dublin city centre street during Covid-19 restrictions in 2021.
It resulted in the teenager hitting his head and suffering a fractured skull and brain bleed from which he fully recovered.
After he was taken to Pearse Street Garda Station, the garda also assaulted him by pulling his hair and applying pressure to his chest.
Judge Codd said the garda could have been facing much more serious charges after exposing the teenager to an entirely forseeable risk of a head injury.
She said he had used unnecessary force against a light, intoxicated youth who was powerless while lying face down in handcuffs.
She said a garda was held to higher standards and, while Murphy may have been under pressure on the day, he should have been able to keep control.
She said the context of the offence was important as it was during Covid restrictions and gardaí were trying to clear crowds who were drinking on the street. She said gardaí were often confronted with hostility and aggression, but their training played an important part in maintaining control.
'Gardaí even when provoked must respect human rights'
The judge said a spear tackle was not a justified response to someone lying on the ground.
"Gardaí, even when provoked, must respect human rights and dignity and only use necessary force," she said.
The judge said mistreating a person in custody also undermines public trust and "no one is above the law".
She said the teenager did not have a good record, but this was not known to Murphy at the time, and none of it justified the level of force he used.
She said there was no such thing as a perfect or "whiter than white victim" and all people must have their dignity and human rights respected by the State and its forces.
Judge Codd said he had recklessly abused his powers as a garda against a teenager who was lying prone on the ground and was so inebriated he could hardly stand up.
Equally, she said, there was no perfect villain and even good people when placed in pressurised situations can do the wrong thing.
She accepted that Murphy was extremely remorseful and that he had destroyed his promising career as a result of his aggressive actions that were reckless rather than intentional on the day.
She accepted that many testimonials had been handed in on his behalf, both professionally and personally, and he was described as a dependable and decent person. However, she said the clearest expression of remorse would have been a guilty plea.
The maximum sentence for the first offence was five years and the judge said she would impose a three-year sentence with the final two years suspended.
She took into account the conviction of assault while in the garda station. Judge Codd said the court must express its opprobrium where a garda uses disproportionate force against a citizen and there had to be a general deterrence to a police officer using such a degree of force.
Members of Murphy's family broke down in tears when the sentence was handed down.
The hearing at Dublin Circuit Criminal Court last November heard that a number of members of the public witnessed the assault on Dublin's Essex Street and had come forward to offer statements to gardaí, as there had been some degree of disquiet about what had happened.
Today, the judge said those eyewitnesses were to be commended for coming forward.
During the trial, Murphy had claimed the leg sweep was a legitimate containment technique he was trained to carry out and that the "chest rub" applied in the station was a first aid technique, but this was rejected by the jury.
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'A split second decision'
At the sentence hearing, the Circuit Criminal Court was told the garda accepted responsibility for his actions and wanted to publicly apologise to the teenager and the force "who he recognises he let down on the day", defence counsel Justin McQuade said.
Mr McQuade said his client was deeply remorseful for what had happened as a result of "a split-second decision".
Sentencing was adjourned until today to allow time for the injured party to consider an offer of €10,000 compensation and for the garda to engage in restorative justice. However, the court was told the teenager did not want to engage in restorative justice.
Judge Codd also made no order for the compensation to be paid, as she said it would not benefit the injured party at the moment due to his addiction issues.
At the sentence hearing, the injured party had been in custody on an unrelated matter and did not wish to give a victim impact statement. He may be taking a civil action for damages.
The assaults on the then 17-year-old took place on Essex Street and at Pearse Street Garda Station on 1 June, 2021.
Gardaí had been trying to control crowds drinking on the street towards the end of Covid-19 restrictions and were under pressure on the night, the court was told.
The matter was referred by a superintendent to the Garda Ombudsman, now known as Fiosrú, after another garda said he was concerned there may have been an assault and the teenager had suffered a head injury.
The victim spent three days in hospital but made a good recovery. He has no memory of events on the night.
Murphy had been suspended since the matter was referred to Fiosrú.
During that time, he studied for a law degree, the court was told.
