Garda accused of assaulting Polish man

A GARDA charged with assaulting a Polish man while in custody was heard by a colleague telling him, “Welcome to Ireland, you’re not in Poland now”, Waterford District Court was told yesterday.

The case, which is being taken by the Garda Ombudsman, alleges that Garda Tom McKenna of Waterford Garda Station, assaulted Bartlonej Skwirut on June 19, 2010, at Waterford Garda Station. The incident allegedly arose after the injured party was arrested with his friend for a public order offence at the Woodlands Hotel on Dunmore Road, on the outskirts of the city earlier in the night.

Mr Skwirut told the court through an interpreter that while he was under the influence of alcohol on the night in question he wasn’t drunk and had consumed approximately five beers and one shot of vodka. He said he wasn’t entirely clear of all the events of the night, but he knew he was arrested outside the Woodlands Hotel before midnight for being intoxicated in public.

Mr Skwirut was handcuffed and conveyed to Waterford Garda Station where he was placed in a custody suite. He claimed his cuffs were too tight and he kicked the door gently to get someone to loosen them. Mr Skwirut then claimed he was kicked on his thigh by Grda McKenna, who proceeded to knock him down and punch him while he was on the floor.

He said his ear and face were swollen and he had a black eye. He said he also had a mark on his thigh.

Solicitor for the defence, Frank Buttimer, put it to the injured party that he had been showing signs of considerable drunkenness and aggression at the hotel.

Mr Skwirut replied he didn’t know if he would call it aggression: “I didn’t hit or harm anyone.”

Mr Buttimer replied that he had been highly un-cooperative and extremely difficult to deal with. A patrol van had to be called to bring him to the station because gardaí felt it was unsafe to have him in the patrol car.

Mr Buttimer asked the injured party if a garda had asked him on the night if he was going to make a complaint against Grda McKenna. The injured party is alleged to have said: “I don’t know — I will think about this opportunity.”

Mr Buttimer went on to say that his client said Mr Skwirut was so aggressive, abusive and potentially damaging that he came into the custody suite with a colleague, Garda Darren Leahy, to try to calm the injured party down.

Garda Paula Twist told the court she was on duty on the night and received a call to go to the Woodlands Hotel, where she met the injured party. She said he was intoxicated and shouting loudly and on a number of occasions she had to tell him to stand back from her. She said he refused to do so and was very verbally abusive. He had a large bottle of vodka in his hand which was more than half empty. He refused to give her his name and address and she arrested him under section four of the public order act just after midnight and decided to deal with him by way of adult caution.

Garda Caroline Lynch said in evidence that she was dealing with another unrelated incident at the Woodlands Hotel on the night in question when she saw two men outside being arrested. She said when she returned to the garda station she saw a prisoner in the custody suite and as she was walking past a glass panel, saw the prisoner being pushed against the wall. She moved further on and saw Garda McKenna’s hands on the prisoner’s chest and heard him say, “Welcome to Ireland, you’re not in Poland now.”

Minutes later she was talking to her sergeant, Alan Kissane, when she heard a loud bang. Grda Lynch said she ran out and observed the prisoner being hit by Grda McKenna. She said he was practically on top of the injured party, punching him in the face. The court heard Sgt Kissane separated them and uncuffed the prisoner.

Judge David Kennedy adjourned the case until December 19.