Accident book not found in prisoner's jaw case

A medical orderly involved in treating a prisoner who allegedly had his jaw broken by a prison officer said he could not refresh his memory of that day because the record book was missing.

Mr John Fitzpatrick told a Dublin Circuit Criminal Court jury there was an accident report book in Mountjoy Jail's medical unit in which an entry is made when an incident occurs.

He said on day-10 of the trial of a colleague that he looked for this book when he heard the case would be going to court but could not find it. Staff there didn't know where it was and he had not seen it for a long time as he didn't work in that area any more.

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 Fitzpatrick told prosecuting counsel, Mr George Birmingham SC (with Mr Fergal Foley BL), he was asked to check on a prisoner who was bleeding from the face. The prisoner had been relocated to the medical unit from the main prison after a riot had broken out.

He went into the padded cell with another orderly and recognised Mr Fogarty. Mr Fitzgerald tried to clean some blood from his face but the prisoner would not allow him.

He said Mr Fogarty tried to speak but they could not understand what he was saying. He noticed the blood was coming from his mouth and when he looked inside, he saw bone protruding from the gums.

Mr Fitzpatrick said he immediately informed his superiors that Mr Fogarty needed further medical attention in hospital.

In cross-examination by Mr Patrick MacEntee SC (with Mr Des Zaidan BL), defending, Mr Fitzpatrick said he tried to refresh his memory of the case from the accident report book in the medical unit but it was not in its usual place and the medical unit staff did not know where it was.

Mr Fitzpatrick said an entry is made in this book every time an incident occurs which requires medical attention.

He said he had not seen the book in a long time because he now works in the main area of the jail. He said he did not think it was missing but was probably taken away by the authorities.

The trial continues before Judge Dominic Lynch.