Garda who slammed handcuffed teenager's head off the ground is jailed for a year

By Niamh O’Donoghue and Sonya McLean

A garda who spear tackled a “skinny” handcuffed teenager and slammed his head off the ground has been jailed for a year.

Lorcan Murphy (32) of Pearse Street Garda Station had pleaded not guilty to two counts of assault causing harm under section 3 of the Non-Fatal Offences Against the Person Act, 1997. The incident occurred in Dublin’s Temple Bar during Covid-19 restrictions.

Last July, a jury convicted him by unanimous verdict following a trial at Dublin Circuit Criminal Court.

The assaults on the then 17-year-old boy took place on Essex Street, Dublin 2, and Pearse Street Garda Station on June 1st, 2021. The court heard the victim is now in prison.

During the trial last July, Dr Haroon Khan gave evidence of being called to Pearse Street Garda Station where the teenager was taken following his arrest. He said he noted the victim was intoxicated, tried to rouse him, but did not speak to him before having him transferred to hospital.

Consultant Neurosurgeon, Mr John Caird, also gave evidence during the trial that the teenager had a fracture to the skull and a contusion to the brain but has made an excellent recovery.

Sentencing Murphy on Tuesday, Judge Pauline Codd said he had used “excessive force” and the victim had “sustained a head trauma with all the risks” before she added that Murphy could have been facing more serious charges.

She said the teenager had at the time of the assault “succumbed to the arrest” with witnesses describing pleading with the garda to let him go.

“He lifted him up by the handcuffs, used a spear tackle manoeuvre and dropped him down with force,” Judge Codd said.

She acknowledged Murphy’s account is that he had used a “leg sweep manoeuvre” and accepted that while this movement is apparent on the CCTV footage of the assault, he “used force against a light, intoxicated teenager, caused him to fall on top of his head.”

Judge Codd said there was evidence that people pleaded with the garda to let the teenager go and that when the victim did land on his head a sound “like a loud crack like a gun shot could be heard”. People also said the teenager’s head was “bobbing and he was very limp”.

“The victim was powerless when this level of force was applied by a garda,” Judge Codd continued.

She said the jury clearly rejected Murphy’s account of events that the force he used was justified.

“It is difficult to envisage how the manoeuvre he used could be justified,” Judge Codd said.

She noted witnesses who said they saw Murphy used “a spear tackle like in rugby” and that the teenager, described as “very slight and very skinny” was “slammed down into the ground”.

She said there was also statements that said the teenager was “lifted up and violently dropped”.

“No circumstances can justify his use of force and the level of force used,” Judge Codd said.

She noted that the victim was described as “skinny, scrawny and light of build”.

“It is patently clear that he well had the upper hand – he was compliant,” Judge Codd said referring to the victim before she added that Murphy’s behaviour was “highly reckless and unjustifiable”.

Judge Codd said it was important to point out that the Director of Public Prosecutions accepts that Murphy acted “recklessly rather than intentionally” and that he was justified in arresting the victim in the first instance.

In mitigation, Judge Codd accepted that Murphy was entitled to fight his case as “his career and livelihood were on the line”. She said his career is now “left in tatters” and he has lost his career and reputation due to his overzealous and aggressive conduct and is now left with a serious stain on his record.

Judge Codd acknowledged that Murphy took steps to ensure that the teenager was medically attended to when he was later brought to the garda station. She further accepted a letter of apology he had written to the victim since his conviction.

“He has clearly reflected deeply on his own demeanour on the day,” Judge Codd said. She noted that Murphy stated he was under pressure at the time.

He now understands that he should have handled the matter in a calmer manner and wished to convey his genuine remorse and sincere regret, she said. She also took into account a number of references before the court and accepted that his behaviour on the day was out of character.

Judge Codd acknowledged a character reference from a retried garda inspector, with over 40 years of experience, who stated that Murphy had a promising career as he was “a dependable, diligent and conscientious garda”.

He said the fact that Murphy can no longer work as a garda was “a tragic loss to both an Garda Síochána and the community”.

Judge Codd acknowledged that it would be difficult for a former garda to serve time in prison before she imposed a three-year prison term with the final two years suspended for two years on strict conditions.

The judge acknowledged that Murphy had €10,000 in court to offer the victim as a token of remorse but Judge Codd said she had concerns. She initially suggested a trust could be set up for the victim but was informed by both prosecution and defence barristers that the court has no jurisdiction in this respect.

Judge Codd said there was evidence that the victim has addictions and said she felt the money in court “would not be a good use of funds”.

“I mean no disrespect,” Judge Codd continued before she added that she did not believe the funds would be useful to the victim “in light of the evidence” of his addiction. She made no order in relation to the €10,000 before the court.

'Mean-spirited and wholly unnecessary'

Sentencing Lorcan Murphy on Tuesday, Judge Codd acknowledged that he is willing to engage in restorative justice but noted the victim does not want to wish engage in the programme.

Judge Codd described the second incident of assault in the garda station as “mean-spirited and wholly unnecessary” noting that Murphy was aware that the teenager had suffered a blow to his head when he pulled him by the hair.

Judge Codd accepted that on the day Murphy and his colleagues were dealing with a significant public order incident and that in “the line of duty they confront situations which are both fraught and volatile”.

“I accept that this can be stressful at a human level,” Judge Codd said before she noted evidence that Murphy had been struck previously while policing a situation.

“It is apparent that they were under pressure to get people to leave,” the judge said.

She further accepted witness testimonies that stated they could hear gardaí shouting at the teenager: “Where is the knife?”

Judge Codd said however when the assault occurred, the teenager was fully restrained and the garda was no longer under threat. She said this was supported by both CCTV footage and evidence of independent witnesses.

She also noted that there was “no evidence that he (the victim) was resisting when he assaulted him”.

“Citizens know the gardaí do immense work to keep the community safe and that they are under immense pressure. Police officers must always be held to a high standard of conduct,” Judge Codd said.

She said that public trust is compromised if gardaí use force that is not justified and that gardaí must respect the human rights of those they are dealing with.

“Mistreating people in custody undermines public trust – no one is above the law,” Judge Codd said.

“There is never a perfect villain,” she continued. “In human affairs, even good people can do the wrong thing when under pressure.”

She acknowledged that the teenager has been described as making an excellent recovery, though he still appears to experience headaches and suffered short term memory loss.

Judge Codd set a headline sentence of four years before taking into account the mitigating features of the case.

She said the clearest expression of remorse is a guilty plea which is absent in the case.

Judge Codd said it was clear that Murphy’s actions on the day were “out of character” for him, both in terms of his work as a garda and him as a person.

He was described in various testimonials before the court as “a positive, approachable garda” who acted in a professional manner and a garda who had genuine care for the community and people in the local area with whom he connected.

Murphy was described as a calm, caring and a decent person who contributes to his community by voluntary coaching.

Judge Codd acknowledged that Murphy has no previous convictions and has been deemed at a “low risk of re-offending”.

She said there was “much to say by way of mitigation” for Murphy but said the case has “met the threshold for custodial sentences”.

Judge Codd said Murphy’s actions were “completely unjustified” and gave rise to the risk of grave harm. She said the degree of recklessness was considerable and that there has to be a general deterrence to similar offending by other members of the force.