03/10/2023
DPP calls no case for charges against a number of Gardai in Kilkenny but the incident will remain on record.!
The DPP has returned no charges to be brought against Gardai in Kilkenny and Thomastown Garda station following a significant case where a individual was assaulted on his parents private property and later bundled into a Garda Car.
A man in his 30s filed a complaint against four Gardai for assault causing harm and unlawful abduction to the Garda Commissioner and Gardai Ombudsman Commission last year.
It is understood that the victim had parked his car in his parents drive way and had fallen asleep. The vehicle was parked on private property but a light was left on. The vehicle was parked beside the home in a drive way over 4 metres from the public road when Gardai entered the vehicle and dragged the male from the vehicle as he was sleeping.
The victim responded in fear for his safety pushing and calling for nearby help as he was abruptly awoken. Members of kilkenny Gardai and Thomastown struck and detained the individual using excessive force and deployment of batons.
The incident was captured on nearby cctv. CCTV captured the individual asleep in his car for over a hour before Gardai passed by. Gardai again passed by and decided to enter the private area.
One Garda Síochána sergeant from kilkenny Gardai gave evidence to GSOC that the individual concerned was infact un justly assaulted by members of Gardai on the night in question and that he was unlawfully detained also.
No charges where brought against the victim and a file was sent to the DPP.
The DPP Directed that no charges be brought against two members of the Gardai for assault causing harm and unlawful abduction.
It is understood that further legal advice has been sought and the DPP decision has been appealed by the victim and the victims family