A teenage “weed” smoker has been found guilty of breaking a Garda’s nose with an “excruciating” punch when his Dublin home was raided for a third time in the space of a month.
The 17-year-old boy pleaded not guilty to assault causing harm to the officer and claimed he acted in self-defence. However, Judge Paul Kelly convicted him following a hearing at the Dublin Children’s Court.
The judge adjourned sentencing for a probation report on the first-time offender.
Judge Kelly heard gardaí had a warrant to search the house in north Dublin on a date in November 2020. The teen returned, but gardaí refused him entry while they completed the search.
The court heard he was with other youths and “tensions were high”.
Garda Yehoshua Graham gave evidence that he tried to explain to the boy that he could not enter while there was a search, adding that gardaí had a warrant.
However, he alleged the boy told him, "get the f*ck out of my face", tried to push past and "lunged" at him.
The court heard the garda raised his hand to the teen's chest to stop him, but the boy punched him in the nose. The garda started bleeding immediately and he recalled the pain was "excruciating" during the hearing.
Garda Graham required medical attention and was off work for 12 weeks following the incident.
Other officers witnessed the attack and explained that Garda procedure was not to let anyone enter or leave while they searched a property.
'Struck first'
In evidence, the teenager admitted he smoked weed but complained this was the third time gardaí searched his home that month.
The boy cannot be identified because he is a juvenile.
The youth told the court that when he got home, he wanted to go inside, but gardaí prevented him from doing so. He denied being aggressive and claimed he was struck first.
He contended that he punched Garda Graham in self-defence and his wrist was injured when he was arrested.
Prosecution solicitor Anna Bridgeman put it to him that he hurt himself due to the punch, but he maintained it happened when he was handcuffed on the ground.
The judge heard gardaí later brought him to hospital.
The teen's mother was in the house and said she did not see the attack. However, she claimed she saw her son getting arrested and claimed another Garda stood on his wrist.
Responding to defence arguments that officers had no lawful authority to prevent the boy from going into his home, Ms Bridgeman referred Judge Kelly to the search warrant presented during the hearing.
She submitted that the court had to take a "pragmatic view" that people could not walk in or out while gardaí searched the house.
