Teen who claims garda assaulted him attacked and robbed person at ATM days later, court told

Lorcan Murphy (22) of Pearse Street Garda Station has pleaded not 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.

During cross-examination, Justin McQuade BL, defending, put it to the complainant that he said he has no recollection of the incident. He asked if this was due to a head injury, to which the complainant agreed.

Mr McQuade then asked him if there was anything else that might have contributed to his lack of memory, and the complainant said alcohol and cannabis.

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Defence counsel asked the witness if he was someone who would obstruct the gardaí, and he said that “sometimes if they came to me Ma’s house”. He was then asked how he would obstruct the gardaí, and he said, “just resist arrest, but I wasn’t resisting arrest this time”.

It was put to the witness that he was interviewed by GSOC two months after this incident, and they took a statement from him, which he agreed with.

He disagreed with the defence counsel that he had lied in his GSOC interview. Mr McQuade asked if he had lied about alcohol in his statement to GSOC. The witness said, “I had no recollection of it, I didn’t really drink”.

Mr McQuaid put it to the witness that “you knew full well that you had drank and that you had drink on you and that your statement was misleading and a lie”, once again, the alleged injured party said he had no recollection. Counsel then said, “But you remember smoking 4-5 joints?” to which he replied, “Ya”.

The jury heard that the complainant in this case has 44 previous convictions, and ten days after the alleged assault by Mr Murphy, this alleged injured party kicked and beat a person after they had withdrawn money from an ATM on O’Connell Street, he then went through their pockets.

A further two weeks later, the complainant carried out another assault on a member of staff who was standing outside a premises. The witness said, “I’m not going to incriminate myself”.

Mr McQuade asked the witness if he was a person who was respectful to other members of society, to which he said he was. He also asked him if he engaged in anti-social behaviour, and he said, “not since I was 15”. It was then put to him that beating people up and robbing them in public is not respectful, to which he said, “I’m paying for my mistakes”.

After a breakdown of the previous convictions was read to the court, the witness stated that he “had a difficult upbringing and was easily led”.

The jury heard that the complainant was first brought to the Mater Hospital from Pearse Street Garda Station, where he went on to discharge himself.

He returned the following day as a result of headaches. He was then transferred to Beaumont Hospital. It was put to him that he was described as being “aggressive, combative and exposed staff to potential violence”, he said “staff would not let me out for a smoke” and that “I didn’t use one bit of violence”.

Mr McQuade told the witness that he was obliged to put his client's statement that he gave to GSOC to him. When reciting the statement, the complainant said he had no recollection of these events as they were been read out.

Mr John Caird, a consultant neurosurgeon who works in both Beaumont and Temple Street Hospitals, gave evidence of his treatment of the complainant in this case. He said the complainant had a fracture to the skull and a contusion to the brain.

Fluid was also seen coming from the ear of the complainant. He said he had a good level of consciousness and that his pupils were equal and reactive. He outlined that the complainant has made an excellent recovery.

Defence counsel asked Mr Caird if the complainant had left the hospital against medical advice, to which he said yes, once from the Mater Hospital and once from Beaumont Hospital, but returned 20 minutes later. Mr Caird agreed that the complainant refused to answer questions relating to alcohol and drug consumption.

A second doctor, Dr Haroon Khan, who is a GP and works closely with the gardaí, was called to Pearse Street Garda Station on the night in question. He noted that the complainant was intoxicated, and he was unable to wake him. He noted a laceration on his temple region and abrasions to both knees. Dr Khan had the complainant transferred to hospital.

Under cross-examination, Dr Khan said he had tried to “rouse” the complainant. Dr Khan stated that he did not speak with the man and confirmed that he appeared to be intoxicated.

The trial continues before Judge Pauline Codd.