herald

Sunday 17 December 2017

Cyclist cleared of biting garda on arm

Gerard Murphy
Gerard Murphy

A KEEN cyclist has been cleared of biting a garda after he was stopped on suspicion that his high-end bicycle was stolen.

Gerald Murphy (21) refused to get off his bike when gardai stopped him, telling them "you're not taking the bikes".

Mr Murphy said he told gardai to check with officers at Rathmines Garda Station because he had been previously stopped by them as they wrongly thought his bike was stolen.

Judge Ann Ryan struck out the charge, saying gardai should have taken the time to check if Mr Murphy owned the bikes.

The accused, of Foxdene Drive in Clondalkin, had denied assaulting Garda Tony Seymour at Kylemore Road in Ballyfermot on July 26, 2014.

Garda James Kelly said he saw Mr Murphy cycling a bike and controlling a second bike.

He stopped him, and asked him where he got the bikes.

Gda Kelly said Mr Murphy claimed the Felt bike he was cycling was his and the Giant bike he was pushing belonged to a friend and he had just got them repaired.

Gda Kelly said he believed the bikes may have been stolen so he went to seize them, but there was a struggle.

Gda Seymour said he put his hand over Mr Murphy's chest to move him away from Gda Kelly.

Gda Seymour claimed the accused bit him twice on the arm.

In his evidence, Mr Murphy denied biting Gda Seymour, saying the garda grabbed him from behind and his chin was squeezed onto his arm.

He also claimed gardai told him his bike would be crushed.

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