Latest news with #falseImprisonment
BreakingNews.ie
2 days ago
- BreakingNews.ie
Man who claimed his shoulder was broken when beaten by gardaí settles High Court action
A case taken by a man who claimed he was beaten by gardaí in riot gear on Halloween night while he was cycling to investigate a fire near his partner's home has been settled at the High Court. This week, a jury was sworn in for the case of plaintiff Gerard McCarthy, who alleged that gardaí broke his shoulder on Halloween night almost 17 years ago. Advertisement Mr McCarthy (55) from Abbotstown Avenue in Finglas, Dublin 11, sued the commissioner of An Garda Síochána, the Minister for Justice, Ireland and the Attorney General, claiming that he was falsely imprisoned and assaulted by gardaí on Halloween, October 31st and November 1st 2008. Mr Justice Alexander Owens was told on Thursday by James McGowan SC, for Mr McCarthy, that the case had been settled, which was confirmed by Richard Lyons SC, for the defendants. Mr McCarthy was 38 at the time of the alleged assault and submitted to the court he was with his partner in her home on Findlater Street, near O'Devaney Gardens, in north inner city Dublin, on the night. Findlater Street backs on to what used to be the O'Devaney Gardens flat complex. Advertisement Mr McCarthy submitted that on October 31st 2008, two separate fires broke out on the other side of his partner's back wall at the apartment complex. He claimed that the first fire happened at around midday while the second fire began after dark in a large steel container close to the back of the Findlater premises. He submitted to the court that he became concerned after smoke had billowed into the apartment through a rear extension. Mr McCarthy claimed he cycled out to investigate and noticed gardaí in plain clothes nearby before he separately encountered gardaí in riot gear at the edge of O'Devaney Gardens. He said they charged him as he tried to turn his bicycle away. Advertisement The plaintiff claimed he heard the words "charge" from the riot gardaí, who numbered between 10 and 12. He said he was struck on both shoulders, his back and then legs while still on his bike in an attack that took between five and ten seconds. After the alleged assault, Mr McCarthy attended the Mater Hospital that night but was anxious and dizzy and returned in the morning to have an X-Ray. Mr McCarthy claimed that his X-Ray revealed a broken shoulder close to the collar bone. He said he was numb "all over" with the pain and still in "shock". Mr Justice Owens struck out the case, which was expected to last up to four days, with no trial costs awarded and no costs to be imposed on the plaintiff.
Irish Times
2 days ago
- Irish Times
Man who alleged gardaí beat him while he cycled to inspect fire settles court action
A case taken by a man who claimed he was beaten by gardaí in riot gear while he was cycling to investigate a fire near his partner's home has been settled at the High Court. On Tuesday, a jury was sworn in for the case of Gerard McCarthy, who alleged that gardaí broke his shoulder on Halloween night almost 17 years ago. Mr McCarthy (55) from Abbotstown Avenue in Finglas, Dublin 11, sued the commissioner of An Garda Síochána, the Minister for Justice, Ireland and the Attorney General, claiming that he was falsely imprisoned and assaulted by gardaí on October 31st and November 1st, 2008. On Thursday, Mr Justice Alexander Owens was told by James McGowan SC, for Mr McCarthy, that the case had been settled, which was confirmed by Richard Lyons SC, for the defendants. READ MORE Mr McCarthy was 38 at the time of the alleged assault and submitted to the court he was with his partner in her home on Findlater Street, near O'Devaney Gardens, in north inner city Dublin, on the night. Findlater Street backs on to what used to be the O'Devaney Gardens flat complex. Mr McCarthy submitted that on October 31st, 2008, two separate fires broke out on the other side of his partner's back wall at the apartment complex. He claimed the first fire happened at around midday while the second began after dark in a large steel container close to the back of the Findlater premises. He submitted to the court that he became concerned after smoke had billowed into the apartment through a rear extension. Mr McCarthy claimed he cycled out to investigate and noticed gardaí in plain clothes nearby, before he separately encountered gardaí in riot gear at the edge of O'Devaney Gardens. He said they charged him as he tried to turn his bicycle away. He claimed he heard the words 'charge' from the riot gardaí, who numbered between 10 and 12. He said he was struck on both shoulders, his back and then legs while still on his bike in an attack that took between five and 10 seconds. After the alleged assault, Mr McCarthy attended the Mater hospital that night but was anxious and dizzy and returned in the morning to have an X-ray. Mr McCarthy claimed his X-ray revealed a broken shoulder close to the collar bone. He said he was numb 'all over' with the pain and still in 'shock'. Mr Justice Owens struck out the case, which was expected to last up to four days, with no trial costs awarded and no costs to be imposed on the plaintiff.
Irish Times
4 days ago
- Irish Times
Man alleges riot police beat him while he cycled to inspect Halloween fire
A jury has been sworn in at the High Court for the case of a Dublin man who alleges gardaí in riot gear beat him and broke his shoulder on Halloween night almost 17 years ago as he was cycling to investigate a fire next to his partner's home. Gerard McCarthy (55) from Abbotstown Avenue in Finglas, Dublin, is suing the commissioner of An Garda Síochána , the Minister for Justice, Ireland and the Attorney General, claiming he was falsely imprisoned and assaulted by gardaí on Halloween, October 31st and November 1st, 2008. The defendants deny the claims and on Tuesday at the High Court a jury of six men and six women was sworn in to hear the case in front of Mr Justice Alexander Owens. Mr McCarthy was 38 at the time of the alleged assault and has submitted to the court he was with his partner in her home on Findlater Street, near O'Devaney Gardens, in north inner city Dublin, on the night. READ MORE Findlater Street backs on to what used to be the O'Devaney Gardens flat complex. Mr McCarthy submits that on October 31st, 2008, two separate fires broke out on the other side of his partner's back wall at the apartment complex. The plaintiff claims that the first fire happened at about midday, while the second fire began after dark in a large steel container close to the back of the Findlater premises. He became concerned, he said, after smoke had billowed into the apartment through a rear extension. There was an electric shower in the extension and he was concerned it would catch fire, he said. Mr McCarthy claims he cycled out to investigate and noticed gardaí in plain clothes nearby before he separately encountered gardaí in riot gear at the edge of O'Devaney Gardens. He said they charged him as he tried to turn his bicycle away. The plaintiff claims he heard the words 'charge' from the riot gardaí, who numbered between 10 and 12. He said he was struck on both shoulders, his back and then legs while still on his bike in an attack that took between five and 10 seconds. Mr McCarthy said he believes up to five riot police with shields and helmets struck him with their batons. After the alleged assault, Mr McCarthy attended the Mater hospital that night but was anxious and dizzy and returned in the morning to have an X-ray. Mr McCarthy claims his X-ray revealed a broken shoulder close to the collarbone. He said he was numb 'all over' with the pain and still in 'shock'. The case continues on Thursday before Mr Justice Owens and is expected to last up to four days.
BreakingNews.ie
4 days ago
- BreakingNews.ie
Man claims gardaí in riot gear beat him and broke his shoulder
A jury has been sworn in at the High Court for the case of a Dublin man who alleges that gardaí in riot gear beat him and broke his shoulder on Halloween night almost 17 years ago as he was cycling to investigate a fire next to his partner's home. Gerard McCarthy (55), from Abbotstown Avenue in Finglas, Dublin 11, is suing the commissioner of An Garda Síochána, the Minister for Justice, Ireland and the Attorney General, claiming that he was falsely imprisoned and assaulted by gardaí on Halloween, October 31 and November 1, 2008. Advertisement The defendants deny the claims and on Tuesday at the High Court a jury of six men and six women was sworn in to hear the case in front of Mr Justice Alexander Owens. Mr McCarthy was 38 at the time of the alleged assault and has submitted to the court he was with his partner in her home on Findlater Street, near O'Devaney Gardens, in north inner city Dublin, on the night. Findlater Street backs on to what used to be the O'Devaney Gardens flat complex. Mr McCarthy submits that on October 31st, 2008, two separate fires broke out on the other side of his partner's back wall at the apartment complex. Advertisement The plaintiff claims that the first fire happened at around midday while the second fire began after dark in a large steel container close to the back of the Findlater premises. He became concerned, he said, after smoke had billowed into the apartment through a rear extension. There was an electric shower in the extension and he was concerned it would catch fire, he said. Mr McCarthy claims he cycled out to investigate and noticed gardaí in plain clothes nearby before he separately encountered gardaí in riot gear at the edge of O'Devaney Gardens. He said they charged him as he tried to turn his bicycle away. The plaintiff claims he heard the words "charge" from the riot gardaí, who numbered between 10 and 12. He said he was struck on both shoulders, his back and then legs while still on his bike in an attack that took between five and ten seconds. Advertisement Ireland Dozens of caravans parked on the Curragh must leav... Read More Mr McCarthy said he believes up to five riot police with shields and helmets struck him with their batons. After the alleged assault, Mr McCarthy attended the Mater Hospital that night but was anxious and dizzy and returned in the morning to have an X-Ray. Mr McCarthy claims that his X-Ray revealed a broken shoulder close to the collar bone. He said he was numb "all over" with the pain and still in "shock". The case continues on Thursday before Mr Justice Owens and is expected to last up to four days.
Yahoo
16-06-2025
- Yahoo
State files attempted murder charge against Michelin-star chef in domestic assault case
State prosecutors have elevated charges against a local chef accused of assaulting a female relative in his West Palm Beach home, leading to a judge revoking his bail. Jacob Bickelhaupt — the owner of Konro, Palm Beach County's first Michelin-starred restaurant — is now facing charges of attempted second-degree murder and false imprisonment following his June 2 arrest over an alleged assault at his home that investigators say lasted for about two hours. Bickelhaupt, 41, has pleaded not guilty to all charges and is scheduled to return to court for a hearing in July. The Palm Beach County Public Defender's Office is representing him. As a policy, it does not comment on open cases. Investigators alleged that Bickelhaupt repeatedly kicked and punched a woman, leaving her with two black eyes and swelling and bruising on her face. The woman reportedly attempted to leave the state after the attack by taking a flight from Palm Beach International Airport, but ended up in a West Palm Beach hospital after she suffered a seizure while waiting at the airport's ticket counter. Bickelhaupt initially was arrested on aggravated battery and domestic battery charges. On June 11, state prosecutors decided to take no action on those charges, instead filing the attempted murder and false imprisonment charges and petitioning the court to revoke Bickelhaupt's bail. During a hearing on June 12, Circuit Judge Cymonie Rowe revoked the bail. A prior judge had declared Bickelhaupt to be indigent, set his bail at $90,000 and ordered that he have no contact with his accuser. Investigators claim he violated the court's order, making two phone calls from the Palm Beach County Jail and leaving messages seeking help from the woman he is accused of assaulting. Those acts led to additional felony charges of tampering with a witness and violating an injunction. The charges have since been reduced to misdemeanors. Bickelhaupt opened Konro in 2023. In April 2025, the Michelin Guide awarded Konro its star. Set off South Dixie Highway near the Norton Museum of Art, it is a menu-free restaurant with 10 counter seats and a three-figure-per-person price tag for admission. It does not appear to have opened since Bickelhaupt's arrest. Prior to opening Konro, Bickelhaupt ran a Michelin-starred restaurant in Chicago. Julius Whigham II is a criminal justice and public safety reporter for The Palm Beach Post. You can reach him at jwhigham@ and follow him on X, the platform formerly known as Twitter, at @JuliusWhigham. Help support our work: Subscribe today. This article originally appeared on Palm Beach Post: Chef now facing attempted murder charge in alleged domestic assault
