Courts / Louth / Report

Court rejects allegation that garda assaulted accused with butt of his gun

Summary

In a Special Criminal Court hearing on 8 December 2016, the court rejected a defence application to exclude evidence from the arrest and search of Philip McKevitt, a 62‑year‑old accused of possessing explosives. McKevitt had claimed that during the raid on his shed at Aghaboys, Mount Pleasant, Dundalk, a Garda struck him on the head with the butt of a gun and later kicked him as he fell. Defence counsel Diarmaid McGuinness argued that such alleged assault violated McKevitt's constitutional rights and should render the evidence inadmissible. The court considered testimony from a Special Detective Unit member who said McKevitt had slipped on plastic sheeting, causing his injury. Justice Isobel Kennedy found the injury was not caused by the alleged assault and therefore allowed the evidence to be admitted. The trial continues. Philip McKevitt pleaded not guilty.

Who, what, where, when and why

What: Report matter: Court rejects allegation that garda assaulted accused with butt of his gun. Charges or matters: the possession of explosive substances at Aghaboys, Mount Pleasant on May 22nd, 2010. Procedural stage: trial

When:

• May 22nd, 2010 Incident
• 2016-12-08 Publication

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

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Read the original CNI report