Case No. 1437Assault, false imprisonment (civil) · Co. Dublin · 31 Oct 2008
Man who alleged gardaí beat him while cycling to inspect fire settles High Court action
Gerard McCarthy, 55, from Finglas, Dublin 11, settled his High Court action against the Garda Commissioner and others after alleging riot gardaí broke his shoulder while he was cycling to investigate a fire near his partner's home on Halloween night 2008. Mr Justice Alexander Owens struck out the case with no costs awarded.
- Reportednot reported
- Arrestednot reported
- Charged27 Jun
- In court27 Jun
- Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports29 statements extracted from the articles
- whatMcCarthy alleged gardaí broke his shoulder on Halloween night almost 17 years ago. (irishtimes.com)
- whatHe claimed he was falsely imprisoned and assaulted by gardaí on October 31st and November 1st, 2008. (irishtimes.com)
- whatMcCarthy was 38 at the time of the alleged assault. (irishtimes.com)
- whatThe second fire began after dark in a large steel container close to the back of the Findlater premises. (irishtimes.com)
- whatThey charged him as he tried to turn his bicycle away. (irishtimes.com)
- whatHe was struck on both shoulders, his back and then legs while still on his bike. (irishtimes.com)
- whatThe attack took between five and 10 seconds. (irishtimes.com)
- whatHe attended the Mater hospital that night. (irishtimes.com)
- whatHe returned in the morning to have an X-ray. (irishtimes.com)
- whatHis X-ray revealed a broken shoulder close to the collar bone. (irishtimes.com)
- whereMcCarthy is from Abbotstown Avenue in Finglas, Dublin 11. (irishtimes.com)
- whenThe incident occurred last year when the accused was 16. (irishmirror.ie)
- whenThe first fire happened at around midday. (irishtimes.com)
- chargeHe faces two counts of attempted rape and one count of sexual assault of the same female. (irishmirror.ie)
- courtThere was no garda objection to bail with conditions. (irishmirror.ie)
- courtBail conditions included signing on at a Garda station once a week, no contact with the alleged injured party, and handing over his passport. (irishmirror.ie)
- courtThe trial is DPP-directed on indictment. (irishmirror.ie)
- courtThe youth will face trial in the Central Criminal Court, which has greater sentencing powers. (irishmirror.ie)
- courtLegal aid was granted to the teenager. (irishmirror.ie)
- courtA jury was sworn in on Tuesday for the case. (irishtimes.com)
- courtHe sued the commissioner of An Garda Síochána, the Minister for Justice, Ireland and the Attorney General. (irishtimes.com)
- courtMr Justice Alexander Owens was told the case had been settled. (irishtimes.com)
- courtJames McGowan SC represented Mr McCarthy. (irishtimes.com)
- courtRichard Lyons SC represented the defendants. (irishtimes.com)
- courtMr Justice Owens struck out the case. (irishtimes.com)
- courtThe case was expected to last up to four days. (irishtimes.com)
- otherHe made no reply when charged. (irishmirror.ie)
- otherNo evidence about the incident was given in the juvenile court. (irishmirror.ie)
- otherThe defendants denied the claims. (irishtimes.com)
The reporting
newest first- 27 Jun2025Man who alleged gardaí beat him while he cycled to inspect fire settles court action
Reports that the case was settled and struck out by Mr Justice Alexander Owens with no trial costs awarded and no costs imposed on the plaintiff.
victim, Gerard McCarthy, 55, male, irish (judged from name)Gerard McCarthy - 27 Jun2025Teen boy to face trial accused of attempted rape of woman in Dublin pub
Details of bail conditions, DPP-directed trial on indictment, and Central Criminal Court trial venue.
suspect, 17, malevictim, female