A garda has been convicted of assaulting a school teacher in the 2002 May Day "Reclaim the Streets" demonstration in Dublin city centre.
Garda Paul Daly was found guilty by an 11-1 majority by a jury at Dublin Circuit Criminal Court of assaulting Mr Emmet Bunting (28), of Collins Avenue, Dublin, on May 6th, 2002, but acquitted him and his colleague, Garda Fergus Hogan, on charges of assault causing harm to Mr Bunting.
Both officers are attached to Pearse Street Garda station and had pleaded not guilty.
The jury of seven men and five women returned its verdicts after deliberating for almost three hours. It was the sixth day of the trial.
Judge Yvonne Murphy remanded Garda Daly on continuing bail for sentence on January 13th, 2005, and discharged Garda Hogan from the court.
Judge Murphy told the jury that if it did not feel it was proven that harm was caused to Mr Bunting in the incident, but did believe they intentionally assaulted him, it could then convict on the lesser charge of assault.
Judge Murphy warned the jury to be careful when considering the identification of each of the accused.
She said it must be satisfied beyond a reasonable doubt that identifications made by Insp Brendan Connolly and Insp Dan Quill during the trial were correct, and must also carefully consider the identification evidence of the two expert witnesses.
Judge Murphy said the issue of self-defence simply did not arise in this case, and further advised that it was irrelevant that Mr Bunting has started civil proceedings regarding his injuries.
Mr Tom O'Connell SC, prosecuting, said it was the State's case that Mr Bunting was punched in the face by Garda Hogan, causing him to fall to the ground, and that subsequently Garda Daly beat him on the head with his baton.
Mr Bernard Condon (with Mr O'Connell), in closing the prosecution case, advised the jury that any opinions they had on policing or protesting were not relevant to the case and must not be brought into play when considering its verdict.
Mr Condon said they must remember that Mr Bunting was never accused of misbehaving during the protest.
It was never suggested to Mr Bunting, in cross-examination, that he had "blackguarded his way around this city".
Mr Condon suggested that the defence's expert witness, Mr Ashley Windsor, was "fantasising" if he wanted the jury to believe that the video showed what Mr Windsor called "an alleged punch" at Mr Bunting by a garda. "It can be seen by anyone down here on earth that it was a punch."
He further asked the jury to dismiss Mr Windsor's evidence that Mr Bunting took a "Mohammed Ail-type sway" to avoid the oncoming punch, and the suggestion that no contact was made with Mr Bunting's face.
Mr Gerard Clarke SC (with Mr Breffni Gordon) defending, told the jury to consider that as Mr Bunting had started civil proceedings in relation to his injuries, he had something to gain if the gardaí were found guilty of the charges.
He said there were two issues to be considered: what happened to Mr Bunting and who, if anyone, did this to him. Mr Clarke said both the prosecution expert witness, Mr Andrew Laws, and the defence expert witness, Mr Windsor, stated in evidence that the actual point of contact between the suspect garda's fist and Mr Bunting's face could not be seen on the video footage.
He asked the jury to consider the possibility that Mr Bunting sustained the injuries to his face when he fell on the ground.
Mr Clarke reminded the jury of Mr Windsor's evidence, that "a garda in a short-sleeved blue shirt", who was not one of the accused in this trial, raised his baton and hit Mr Bunting as he fell backwards after avoiding the punch from another garda.