A JUDGE has ordered that a garda be found not guilty of assaulting a suspect despite comparing the incident to the Rodney King beating in Los Angeles.
Garda Gerard Curtis was found not guilty by direction of Judge Donagh McDonagh after he ruled that the prosecution failed to disprove the garda was acting in self-defence when he hit the suspect with his baton after a car chase.
Garda Curtis (23) of Ardee, Co Louth, had pleaded not guilty at Dublin Circuit Criminal Court to assault and assault causing harm to John Paul Maughan (19) on Alexandria Road in the Dublin Docks on July 11th, 2009.
Judge McDonagh ordered the jury to acquit Garda Curtis, telling them the prosecution had failed to disprove the accused was acting in self-defence. During the five-day trial, the jury heard from several Garda witnesses that Garda Curtis had used justified force.
However, referring to the CCTV recording of the incident, Judge McDonagh said: “On first viewing one is reminded of the Rodney King beating.”
“Self control was sadly lacking”, he told the court in the absence of the jury. “This to me is a case of a single garda overreacting.”
He also questioned why gardaí decided to smash the car’s windows instead of waiting for Mr Maughan and his accomplice to get out when Mr Maughan was clearly not going to escape after the stolen vehicle crashed.
Referring to other gardaí who gave evidence, Judge McDonagh said: “I do not believe his colleagues bathed themselves in glory either. Too much of the evidence in this trial was clearly partisan.”
On Tuesday the jury was shown footage of the moment when the car crashed and Mr Maughan was dragged out. Some 15 gardaí arrived on the scene and a garda could be seen striking the suspect with his baton.
Several gardaí gave evidence that Mr Maughan was kicking out violently during the arrest.
Mr Maughan told Maurice Coffey, prosecuting, that he could not identify any of his alleged attackers.