The jury in the trial of a garda accused of assaulting a Reclaim the Streets marcher in Dublin two years ago has been discharged after failing to reach a verdict.
Garda Paul Tallon, of Mountjoy Garda Station, had pleaded not guilty to assault causing harm to Mr Fergal Leddy on May 6th, 2002, at Dublin Circuit Criminal Court.
Judge Yvonne Murphy remanded Garda Tallon on continuing bail to July 16th when a date for a new trial could be set.
Earlier, before the jury retired to consider its verdict, prosecuting counsel Mr Thomas O'Connell SC, with Mr Bernard Condon BL, had said in his closing address that there was "no justification" for a garda striking a protester at the march. "There is no evidence from which you can conclude that there was justification," Mr O'Connell said.
He added that gardaí should behave in a disciplined manner, not like "an ill-disciplined riotous militia".
Mr Martin Giblin SC, with Mr Breffni Gordon BL, defending, told the jury in his closing speech that what they had just heard from Mr O'Connell was "bordering on a flight of fancy".
"The Director of Public Prosecutions protests too much," Mr Giblin said.
"We all saw those awful images on the TV. We as citizens were undoubtedly very disturbed. But we are not concerned with the behaviour of those people. Paul Tallon is not here to answer for these images on the TV and should not be tainted by what was seen on the TV," he said.
Mr Giblin told the jury that Garda Tallon was not "a trigger-happy or baton-happy member of An Garda Síochána".
He said that "the demeanour of someone who did nothing wrong" could be seen in Gda Tallon's official report on the use of his baton that day.