Clash in evidence disables garda case

A man who has been named at a Dail committee as the underworld figure known as "The Boxer"

A man who has been named at a Dail committee as the underworld figure known as "The Boxer"

I walked free from a court yesterday when a judge dismissed charges brought against him.

Mr Thomas Mullen (27), who has been named as "The Boxer by Mr Tony Gregory TD and Mr Eric Byrne TD, was alleged to" have threatened a garda.

Mr Mullen with an address on Clonliffe Avenue, Dublin, was charged by Garda David Scully with being in breach of the peace and giving a false address at St David's Court, Artane, on December 18th.

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At a previous hearing, the Dublin District Court was told how gardai had searched the defendant's car under the Misuse of Drugs Act on that date. He told Garda Scully he would meet him some night and "bust" his head in. A second garda gave similar evidence.

In court yesterday, solicitor Michael Staines, defending, said there was clearly a conflict of evidence between the gardai and his client, who had pleaded not guilty to all of the charges.

Following his client's arrest, the High Court, during a bail application, had accepted Clonliffe Avenue as his address, he said. Garda Scully said while documents backed this up, he was satisfied the defendant lived in St David's Court, Artane.

Mr Staines also claimed that a third garda present at Mr Mullen's arrest had not given evidence in court. Garda Scully said this officer was a student who is in Templemore.

Mr Staines argued that while a record was made in the station of Mr Mullen being arrested at 1.55 p.m. on December 18th, another note in the custody record showed he had requested his solicitor be contacted at 1.50 p.m. before he had been arrested.

Garda Scully said his notes clearly showed Mr Mullen had been arrested at 1.40 p.m. and arrived at the station at 1.55 p.m.

Judge William Ham ill agreed with Mr Staines' submission to the court that there was a conflict of evidence and struck out all of the charges against the defendant.

Mr Mullen left the court and removed a blue shirt which he used to cover his face as he ran past photographers.