Two gardaí deny allegations of falsely imprisoning 16-year-old boy at a Dublin station, court hears
11th November 2022
TWO gardaí falsely imprisoned a 16-year-old boy while one of the officers repeatedly punched him in the face at a Dublin station, it is alleged.
The youth was left bleeding from the nose and mouth and was also grabbed by the throat and put in a bear hug during the incident, a court was told.
Prosecutors maintain Garda Damien Kirwan (55) assaulted the teenager while he and Garda Stephen Conran (39) imprisoned him for five minutes.
They are denying the charges and their case was adjourned at Dublin District Court to set a trial date.
The accused are both charged with falsely imprisoning the teenager on April 20, 2021 at Sundrive Road garda station.
Gda Kirwan is also charged with assaulting the youth, causing him harm. They both came before Dublin District Court today on bail granted at a garda station following their arrest and charge last month.
Detective Superintendent Columbanus O’Malley said he arrested the gardaí on October 14 and neither made any reply after caution.
The DPP consented to the case being dealt with at district court level subject to a judge accepting jurisdiction. Judge Dunne asked to hear the nature of the allegations so he could consider this.
Det Supt O’Malley said the alleged injured party attended the garda station at 9.20am on April 20 last year. While in the public office, he “engaged with” Gda Conran, he said.
There was “some interaction” between the two gardaí “as a result of some concerns” after which Gda Conran was joined by Gda Kirwan. There was a verbal exchange and it was asserted by Gda Kirwan that he had “a certain concern that the (alleged victim) may be carrying a weapon.”
They went out to address that and Gda Kirwan was immediately followed by Gda Conran. An “engagement” took place and the youth was allegedly falsely imprisoned for five minutes.
Judge Dunne asked the Supt what the circumstances were.
It was alleged that Gda Kirwan assaulted the youth with up to five punches and the whole incident was captured on CCTV. There were superficial injuries and the alleged victim was bleeding from the nose and mouth.
The judge asked about the details of the false imprisonment. Supt O’Malley said it was alleged the youth was grabbed from behind by Gda Conran in a “bear hug” by the chest area and grabbed by the throat by Gda Kirwan.
Judge Dunne accepted jurisdiction, allowing the case to remain in the district court.
Solicitors Dara Robinson, for Gda Kirwan and Damien Coffey, for Gda Conran, both said the cases would be going to contested hearings. Judge Dunne ordered disclosure of prosecution evidence to the defence and remanded the accused on continuing bail to December 5, to set a date for trial in the non-jury court.