A CIRCUIT Court judge has criticised a Garda investigation and referred the “bothersome” case to the Director of Public Prosecution.
Judge Anthony Kennedy announced the move as he sentenced Anthony McCarthy (23), Battery Heights, Athlone, Co Westmeath, to five years in prison for assaulting Garda Michael Ryan during a drugs search in 2007.
Garda Aidan Lyons received a number of stab wounds to his upper arm during the early morning raid at the McCarthy home on October 13th, 2007.
The gardaí led a team which forced their way into the house at 7.50am on October 13th. A ballistics vest prevented stab wounds from causing harm to Garda Ryan.
McCarthy fled through a bedroom window immediately after the incident and was arrested an hour later. His co-accused, who was arrested at the scene, was acquitted on all charges relating to the incident during a recent trial.
During the hearing at Mullingar Circuit Court, Judge Kennedy accused the Garda of indifference, negativity and hostility.
“The only evidence the prosecution sought and used was evidence against the accused,” Judge Kennedy said.
In the face of Garda “negativity” and “indifference”, solicitor John Cullen for McCarthy and his co-accused’s solicitor had collected forensic and phone evidence in the case, the judge continued.
“All such evidence should have come forward from the prosecution.”
Gardaí had raided the house in search of drugs which were never discovered. “The whole basis for the forced entry proved false,” Judge Kennedy continued.
Any insinuation that drugs had been discarded by the defendant before he returned were rejected as both “specious” and “spurious”.
Referring to two previous trials, Judge Kennedy noted the “failure of the State to have both accused present from custody on the start-up date”.
On one occasion, the State had McCarthy “in chains before the jury panel”, he added.
Sentencing McCarthy to five years in prison, Judge Kennedy said the matter was “to be reported to the DPP directly”.