Tom Tuite
Two gardaí have been charged with false imprisonment of a youth who was allegedly punched, grabbed in a bear hug, and held by the throat at a Dublin station.
Stephen Conran, 39, and Damian Kirwan, 55, appeared at Dublin District Court on Friday.
Detective Superintendent Columbanus O’Malley told Judge Cormac Dunne that the pair were arrested and charged at Lucan garda station earlier this month.
Both are accused of false imprisonment, but Damian Kirwan has an additional charge for assault causing harm to the male on April 20th, 2021.
They deny the allegations and are waiting to have their hearing date set.
Detective Superintendent O’Malley said they “made no reply” to charge. The DPP directed summary disposal, meaning the case should stay in the District Court and not go to the Circuit Court, which has wider sentencing powers.
Judge Dunne asked for an outline of the evidence to decide their trial venue.
Sundrive Road garda station
Detective Superintendent O’Malley said the alleged injured party attended Sundrive Road garda station at 9.20 am on the date of the incident. The court heard he engaged with Garda Conran, and then there was an interaction between Garda Conran and Kirwan “as a result of some concerns”.
It was alleged Kirwan joined Conran in a verbal exchange.
Detective Superintendent O’Malley said it was asserted by Kirwan that he had certain concerns that the injured party may be carrying a weapon, and he went out to address that; he was immediately followed by Conran.
It was alleged the injured party was falsely imprisoned for five minutes and assaulted by Kirwan with up to five punches.
Detective Superintendent O’Malley said the incident was captured on CCTV.
The court heard the complainant suffered superficial injuries, bleeding from the nose and mouth.
In relation to the false imprisonment charge, the court heard it would be claimed the male was “grabbed” by Conran from behind, “allegedly in a bear hug by the chest area”, and by the throat area by Kirwan.
Judge Dunne accepted jurisdiction for the case to be heard at the District Court level.
Their solicitors, Dara Robinson and Damien Coffey, said a date was required for a hearing that would take a day.
The judge made an order for disclosure of evidence, including CCTV footage, to the defence.
He adjourned the case until December 5th to fix a date for the contested hearing. The defendants did not address the court and were remanded on continuing bail.
* This article was amended to correct address of Garda station at 5.15pm on Friday, November 11th, 2022
