Prison officer 'saw prisoner's jaw being broken'

A prison officer who claims he witnessed a colleague breaking a prisoner's jaw said his supervising officer tried to influence him into giving a misleading statement to the governor.

Mr Barry Hayden, who was part of a 'control and restraint' team involved in involving the prisoner in the aftermath of a riot in Mountjoy Jail, told a Dublin Circuit Criminal Court jury he was shown a report by Mr Finbar Burke.

This report said the prisoner and his cellmate were armed before they were relocated and the alleged victim may have been injured while being removed from the cell.

Mr Burke asked Mr Hayden to submit something similar but he did not agree with this report and decided not to submit something similar.

Mr Alan Garvey (aged 32), c/o Mountjoy Prison, Dublin 7 has pleaded not guilty to assault causing harm and assault causing serious harm to a prisoner, Mr Colm Fogarty, on September 18, 1999.

Mr Hayden earlier told prosecuting counsel, Mr George Birmingham SC (with Mr Fergal Foley BL), he usually worked in St Patrick's Institution, located beside Mountjoy. He was sent to Mountjoy to participate in the relocation of prisoners in the aftermath of a riot.

He said his team were told Mr Fogarty and another prisoner were barricaded into a cell. Two 'C&R' teams were assembled to remove the prisoners to the medical unit.

As Mr Fogarty had been struggling, he was transported by van and held in special locks by four officers in full riot gear.

Mr Hayden said when the van pulled up to the medical unit Mr Fogarty was pulled out slowly and placed on the ground. He raised up his head to have a look around but was completely under control.

At this point, Mr Hayden said he saw an officer appear from around the front of the van and kick the prisoner twice in the face. He did not know who this officer was.

The prisoner was taken to a padded cell, had his clothing removed and the medical orderlies were asked to check on him.

Mr Hayden admitted to defense counsel Mr Patrick MacEntee SC (with Mr Des Zaidan BL) that he told the gardai Mr Fogarty's clothes were torn off him, despite his serious facial injuries but had said in evidence they were cut off.

He said he remembered a few months later the clothes were cut off and what he said to the gardai was just unfortunate phrasing. He said he felt disgusted about treating an injured prisoner in this way but it was procedure.

Mr Hayden told Mr MacEntee he was shown a report by Mr Burke later that evening which he said he was going to submit to the governor.

This report said Mr Fogarty and his cellmate were armed before they were moved. It also said Mr Fogarty may have been injured when the two 'C&R' teams charged into his cell and pinned him down with full body shields.

Mr Hayden said this was not his recollection of events. He had a discussion with a colleague who had also come over from St Patricks and they decided not to issue a report.

He said he felt it was Mr Burke's duty to report the assault in the incident report form. This form records the name of the supervising officer, the team members and if any medical attention was necessary.

After the supervising officer submits this form, the team members are contacted for a report. As Mr Burke was not following this procedure, Mr Hayden decided not to give a report.

Mr Hayden said he was ordered to make a report the following day by the governor on duty. He gave a very short report, with no mention of the alleged assault, and told the governor he was submitting it "under duress".

The trial continues before Judge Dominic Lynch.