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Assault case Man accused of 'breaking bone in garda's hand' after kicking out during arrest

The garda was opening a patrol van cage to stop Lee Cunningham from injuring himself when the accused allegedly struck him

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Lee Cunningham

Lee Cunningham

Lee Cunningham

A man is facing trial accused of breaking a bone in a garda’s hand when he kicked out during a public order arrest in Dublin.

The garda was opening a patrol van cage to stop Lee Cunningham from injuring himself when the accused allegedly struck him, causing the injury.

Judge Bryan Smyth ruled the case was too serious to be dealt with at Dublin District Court and adjourned it for the preparation of a book of evidence.

Mr Cunningham (23) with an address at Park Lawn, Mount Prospect Avenue, Clontarf, is charged with assault causing harm to the officer.

A garda sergeant told Judge Smyth the DPP was directing summary disposal of the case in the district court.

The sergeant said the accused was arrested on suspicion of public order offences at Parnell Street on July 13, 2020.

He was placed in the cage of a patrol van and became very aggressive, it was alleged.

When the garda opened the cage to stop Mr Cunningham injuring himself, the accused kicked out and struck the garda’s right hand with his foot, breaking a bone, it was alleged.

The garda had to wear a cast and received ongoing physiotherapy as a result of the injury, the court heard.

Judge Smyth said the medical report referred to a broken finger, but it was not very clear. The report stated at the time, the victim had been referred to a specialist and a decision would have to be made whether surgery would have to be performed or not, the judge said.

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The judge said he was refusing jurisdiction based on the alleged facts. Defence barrister Garrett Casey consented to an adjournment to a date in July for the preparation of the book of evidence.

Mr Cunningham will be sent forward to Dublin Circuit Criminal Court when the book is ready.

Judge Smyth said it could be clarified on the next date whether the DPP was consenting to the accused being sent forward on a signed plea of guilty if that should arise.

Mr Cunningham was remanded on continuing bail.
 

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