herald

Friday 17 August 2018

State resists paying costs after acquittal of garda

THE State is to resist paying the legal costs of a garda acquitted of assault.

Garda Brendan Whitty (29), stationed at Kevin St Garda Station, was found not guilty by a jury of assault causing harm to Keith Murphy on Thomas St, Dublin, on September 20, 2007.

The jury took less than an hour to reach its verdict.

The trial, 10 days ago, heard Mr Murphy died hours after the alleged assault but his death was from a drug overdose and unrelated to the garda's actions.

At Dublin Circuit Criminal court last Friday Judge Desmond Hogan was told by counsel for the Director of Public Prosecutions, Mr Shane Costelloe BL, that it was "the remnants of a trial which was before you the week before last."

"The outstanding matter is that the defence is looking for costs," said Mr Costelloe.

He had sought instructions and had been instructed to resist the application, he added.

"It's not really a matter of great urgency but the matter needs to be resolved whenever the court can find the time," Mr Costelloe said.

It was probably something "that is going to take quite a bit of time."

Judge Hogan said he would set aside a half day on June 22 next to hear the case.

The garda's acquittal had sparked a call from the Garda Representative Association for a judicial inquiry into the behaviour of Garda Siochana Ombudsman Commission staff investigating a complaint of assault against Garda Whitty.

mlavery@herald.ie

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