A LIMERICK-BASED garda has been cleared of charges of assaulting a 14-year-old boy almost two years ago.
Garda Brian Hanrahan (25), Newcastle West Garda station, denied assaulting the boy causing him harm on October 11th, 2009, at Daar river walk, Newcastle West, Co Limerick, or assaulting him at Dually Road on the same date.
The matter was referred to the Garda Ombudsman Commission after the boy’s parents had lodged a complaint with Newcastle West Garda station.
In his evidence at Newcastle West District Court yesterday, the youth, who is now aged 16, claimed Garda Hanrahan had threatened to “kick the s***” out of him unless he gave him names of a group of youths who were reportedly throwing stones at a number of unfinished houses in an estate in Newcastle West.
The court heard the garda had been called out to the Cluain Arra housing estate where there were ongoing problem with teenagers causing criminal damage to a number of unoccupied houses.
The youth said he was taking a shortcut through the estate with a friend when he saw a Garda car. He started to run away as he feared he might be accused of trespassing. He ran through two fields and had jumped over a fence when he felt something hit his left elbow and he saw a black stick on the ground.
The court heard from a medical report that the boy suffered a soft tissue injury to his elbow.
Garda Hanrahan admitted that he threw his Garda baton or ASP at the boy while he was pursuing him, but denied threatening the teenager or assaulting him. He said he was eight to 10 feet behind him when he threw the baton underarm, without any force.
Garda Hanrahan agreed, under cross-examination by Kerry state solicitor Edward O’Sullivan, that it was not a recognised way of stopping people.
In his interview with the Garda Ombudsman Commission, Garda Hanrahan described the incident as regrettable and said it was not his intention to cause injury.
The youth also said that when he was being brought by gardaí to Newcastle West station, Garda Hanrahan grabbed him by the T-shirt and caught him by the neck in another field near Dually Road, where he threatened him again.
Garda Kieran O’Keeffe said they had stopped at the field because the teenager needed to go to the toilet and he did not see or hear any threat or assault take place.
The youth’s family also gave evidence and claimed Garda Hanrahan had told them he took the boy into the field to frighten him, which he denied saying.
Garda Hanrahan’s solicitor Thomas Murphy argued that there was a significant variance of evidence given by the victim’s family and what they had said in earlier statements.
Judge Mary O’Halloran said there were certain doubts in terms of how the evidence was tendered. She said Garda Hanrahan was entitled to the benefit of that doubt and she dismissed the charges.