GSOC has found that a garda featured in a video arresting a homeless man in Dublin city in March did not use excessive force.

The Garda Ombudsman decided to investigate the incident, which occurred on Henry Street on March 13th, after the video was widely shared online.

The investigation concluded that there was “insufficient evidence of either a criminal or disciplinary nature was established in the investigation. It appears that any force used by the garda concerned in this incident was justified, lawful and proportionate under the circumstances and no more than absolutely necessary.”

The investigation found that the homeless man involved in the incident had been in the vicinity of Henry Street, Dublin 1, on the morning of Friday March 13. The man purchased at least five bottles of wine from Tesco on Parnell street and drank the bottles in a lane-way nearby.

A garda on patrol on Henry Street, close to the GPO, found the man slouched against the shutters of a shop, intoxicated, at twenty past three on the afternoon of Friday the 13th. The garda told him to move on from the area, under section 8 of the Criminal Justice (Public Order) act.

CCTV from the area shows the garda approaching the man some ten minutes later. At this point the man had covered himself with a sleeping bag outside an empty shop unit. The garda is seen standing next to the man for several minutes, the garda told the investigators from GSOC that the man then became verbally abusive to him. The CCTV footage shows the man waving his arms around as the garda speaks to him.

With the man apparently becoming increasingly agitated the garda arrested the man for being drunk, and as he reached for his handcuffs a struggle began, with the man pulling the garda’s pepper spray from the garda’s hand, ripping the lanyard that attached the spray canister to the garda’s belt. The report found that CCTV backed up the garda’s account of the incident. The homeless man involved in the incident told investigators he had no recollection of it because he was intoxicated.

The garda sprayed the man twice with the spray, saying the first spray had little effect and the man continued kicking and punching at him.

As the garda handcuffs the man and awaits assistance the CCTV spots someone approaching the incident, holding out a mobile phone. The investigation assessed that this person “was the college student who put his recording of the incident on social media”.

As the garda awaited assistance he placed his leg on the man’s leg while the man is on the floor. CCTV shows a crowd gathering but the report says, “things were peaceful generally”.

Following the spread of the mobile phone footage on social media members of the public made 17 queries to GSOC, saying they were worried about assault or excessive force by the garda.

Several witnesses GSOC spoke to told the investigation they felt the treatment of the arresting garda and the gardai who arrived to assist was “heavy-handed”.

The garda in question told the investigation he felt his actions were proportionate and professional.