A GARDA accused of assault causing harm to a homeless man who later died was yesterday served with a book of evidence and returned for trial before a judge and jury.
Garda Brendan Whitty was summonsed to appear at the Dublin District Court yesterday by the DPP at the suit of the Garda Ombudsman.
Garda Whitty, who is attached to Kevin Street Garda station in Dublin, is accused of assault causing harm to Keith Murphy (32) at Thomas Street, Dublin 2, on September 20th, 2007.
Mr Murphy, who was of no fixed abode, was discovered near Christ Church Cathedral on September 20th, 2007, and died later at St James’s Hospital.
Judge Mary Collins was told by a solicitor for the State that the DPP had directed return for trial to the next sitting of the Dublin Circuit Criminal Court, on one charge in the indictment.
The book of evidence was then served on Garda Whitty, who was dressed in a white striped shirt, and tie, and black trousers.
Judge Collins notified him that should he intend to rely on an alibi as part of his defence he must furnish the details, including names and addresses, to the Chief Prosecution Office within 14 days.
She then made an order sending his case forward for trial, with bail in his own bond of €300, and with no conditions attached.
Garda Whitty spoke briefly during the case, confirming his signature on his bail bond.