Courts / Dublin / Report

Man cleared of assaulting one garda but convicted of common assault on another

Date
2021-07-14
Stage
Finding
Primary locality
Dublin
County
Dublin

Summary

In a Dublin Circuit Criminal Court hearing, Philip Kavanagh, 34, was acquitted of assault causing harm to Garda Theresa Moore after a jury found no evidence that he had injured her. The jury, however, convicted him by a 10‑2 majority of common assault on Garda Conor Mohan, who had confronted him at his home following a disturbance. Kavanagh denied both offences. Garda Mohan described Kavanagh as drunk and aggressive, refusing entry and lashing out when restrained. Garda Moore reported that Kavanagh resisted restraint in a patrol car, causing her a blunt injury to the right hand, later confirmed as a fracture. Kavanagh claimed he was assaulted by Moore in the car, alleging a black eye and whiplash, but denied causing her injury. The case was adjourned for sentencing on 26 July.

Who, what, where, when and why

What: Report matter: Man cleared of assaulting one garda but convicted of common assault on another. Procedural stage: finding. Findings: Convicted

When:

Case subjects

Unnamed man

Convicted Person

Finding: Convicted

Outcome: Convicted; In the interview, there's an explanation consistent with his innocence," said Judge Martin Nolan. "It's a very human case, isn't it?" he told the jury. "It's about human behaviour, and I'll leave it in your hands." Judge Nolan thanked the jury for their service, and adjourned the case for sentencing on July 26, next.

Places mentioned

Court Venue
  • Dublin
  • Dublin Circuit Criminal Court
Residence
Incident
  • Cappagh Road
Garda Station
  • short journey to Finglas Garda Station

Topics

Stage Finding Violent Crime

Related court reports

Read the original CNI report

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