A judge has ruled that two gardaí in Kerry were lawful in their use of force.
Judge Mary Cashin gave her decision, following a day-long hearing on a legal argument involving two gardaí, where it was alleged they each committed an assault on a man in Tralee in 2018.
The accused were Garda John Burke, stationed in Tralee Garda Station, and Garda Anthony Daniel Pio Sugrue of Bishopstown Garda Station in Cork.
The Garda Siochana Ombudsman Commission, or GSOC, deals with and investigates complaints concerning the conduct and actions of gardaí countrywide.
It was the complainant in this case.
It was alleged Garda John Burke and Garda Anthony Daniel Pio Sugrue each committed an assault on Zenel Isufi at Mitchels Road, Tralee on the 4th July, 2018.
A preliminary hearing was held yesterday in Tralee District Court, which examined both an issue with the summons and the use of force.
Evidence was given by a number of gardaí and the alleged victim, Zenel Isufi, during the eight-hour hearing.
Under questioning from Garda Burke’s solicitor Padraig O’Connell, the alleged victim admitted he was coming from a known drug dealer’s home, had drugs on him, threw the drugs away when approached and failed to stop when asked by the gardaí.
He also admitted to lashing and kicking out.
Solicitor Padraig O’Connell urged the judge to use common sense, allow the gardaí back onto the streets to protect Tralee and prevent it turning into a criminal den.
Following a two-hour deliberation, Judge Mary Cashin dismissed the charges, ruling that Garda Burke and Garda Sugrue were just in their use of force.
