Wednesday 28 October 2026Compiled from published reports. Every claim links to its source.

Ireland Crime

Every case followed from the first report to the sentence, or to where the reporting stopped.

Case No. 5942Malicious prosecution · Co. Dublin · 18 May 2008

Brothers awarded damages over mistaken arrest for Grafton Street handbag theft, Dublin

Two brothers, Marco Gambucci, an Italian man, and his brother Luca, were arrested in Dublin city centre on May 18th, 2008, while gardaí investigated an attempted handbag theft in Grafton Street. They were charged with theft, but the case against them was struck out after gardaí failed to attend court. In 2024 a High Court jury found they had been maliciously prosecuted and awarded them damages, and the judge has since granted a stay on the award and on an order for 80 per cent of their legal costs.

  1. Reported
  2. Arrested
  3. Charged
  4. In court
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
A High Court jury found two brothers, Marco Gambucci and Luca, had been maliciously prosecuted after their mistaken arrest.
Where
The arrests followed an attempted handbag theft from a woman in Grafton Street, Dublin city centre.
When
The incident took place on May 18th, 2008.
Cause
The brothers claimed gardaí violently grabbed them and pulled them from a Luas tram after they boarded at St Stephen's Green.
Other details
  • Marco Gambucci is an Italian man who runs a real estate business in Sardinia, and Luca is a public servant in Perugia.
  • The brothers were living in Dublin at the time and have since returned to Italy.
  • The brothers sued Garda Daniel Barry, Garda Jonathan Petrie, the Garda Commissioner and the State.
  • The jury found the gardaí did not forcibly remove the brothers from the Luas, did not honestly believe the case against them, and that the brothers had not been assaulted.
Charges
The brothers were charged with theft.
In court
  • An earlier trial ended in a hung jury and the case was set down for retrial.
  • The case against the brothers was struck out after gardaí failed to attend court.
  • The jury found the prosecution was brought for the improper purpose of dissuading the brothers from seeking legal redress.
  • The judge granted a stay on the award and on an order giving the brothers 80 per cent of their legal costs.
Sentence
The brothers were each awarded €95,000, although the key facts give €95,317 for Luca including agreed special damages.
12 statements extracted from the articles
  • whatA High Court jury awarded two brothers €95,000 each for malicious prosecution. (irishtimes.com)
  • whatThe brothers claimed gardaí grabbed them from a Luas tram after boarding at St Stephen's Green. (irishtimes.com)
  • whereThe brothers were arrested while gardaí investigated an attempted handbag theft in Grafton Street. (irishtimes.com)
  • whenThe incident took place on May 18th, 2008. (irishtimes.com)
  • chargeThe brothers had been charged with theft. (irishtimes.com)
  • courtThe case against the brothers was struck out after gardaí failed to attend court. (irishtimes.com)
  • courtThe jury found the prosecution was brought for the improper purpose of dissuading the brothers from seeking legal redress. (irishtimes.com)
  • courtThe previous hearing ended in a hung jury and the case was set down for retrial. (irishtimes.com)
  • sentenceMarco was awarded €95,000 and Luca €95,317, including agreed special damages. (irishtimes.com)
  • otherThe jury found the gardaí did not forcibly remove the brothers from the Luas and did not honestly believe the case against them. (irishtimes.com)
  • otherThe jury found the brothers had not been assaulted. (irishtimes.com)
  • otherThe judge granted a stay on the award and on an order giving the brothers 80 per cent of their legal costs. (irishtimes.com)

The reporting

newest first
  1. 3 May2024
    Otheririshtimes.com, first report
    Brothers awarded €95,000 each over mistaken arrest for Grafton Street handbag theft

    Civil High Court verdict in a damages action over a 2008 arrest and prosecution. The brothers were charged with theft, the case was struck out, and no criminal charge is reported in this article.

    victim, Marco Gambucci, male, Italian, non-irishMarco Gambuccivictim, Luca, male, non-irish (judged from name)Luca