Man says he was kicked in face by prison officer

The jury in the trial of a prison officer accused of breaking a prisoner's jaw heard the victim did not identify the accused in his statement to the gardai as the man who kicked him in the face.

Mr Colm Fogarty told gardai in his statement that the people who beat and kicked him and broke his jaw had been wearing riot gear while removing him from his cell after a Mountjoy Prison riot.

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 Mr Fogarty, on September 18, 1999.

Mr Fogarty told the Dublin Circuit Criminal Court jury earlier in direct evidence that he saw the accused who was not in riot gear approach him quickly and kick him in the face as he was being removed from a transport van near the prison medical unit.

He said he could recognise the accused as his assailant because he was not in riot gear. He felt his right jaw break and bone protrude into his mouth, which immediately filled up with blood, and said he was kicked again and felt the left side of his jaw break.

Mr Fogarty was then taken through his statement to gardai during cross-examination by defense counsel, Mr Patrick MacEntee SC (with Mr Des Zaidan BL) on day-14 of the trial.

He agreed he told gardai that prison officers in riot gear "beat the shit" out of him in his cell before he was removed and that other officers gave him some digs as he was brought along the corridor to the transport van.

He also agreed he claimed he was thrown into the back of the van and that four officers jumped on him. He said his left cheek was flat to the floor and the four began punching him.

Mr Fogarty agreed with Mr MacEntee he told gardai that when they reached the medical unit he was "flung out of the van" and dropped physically to the ground where he claimed the officers continued to kick him all over his body and head.

He was handcuffed behind his back all this time and claimed his head was kept in a headlock by one officer who punched him in the temple.

He was picked up by the arms, legs and handcuffs and felt himself kicked in the behind and kneed in the chest. He told gardai the physical assault continued while he was placed in a padded cell.

Mr Fogarty said in his statement he was kicked in the face by an officer in riot gear. He felt his jaw snap and bone protruded into his mouth.

He was in excruciating pain and fought not to lose consciousness. He "played dead" in the hope this would stop the assault.

All this time he was bleeding profusely from the mouth and it was falling on the floor. It was also falling on the uniform trousers of an officer who was holding his head.

Mr Fogarty said he was attended by a medical orderly who sent him to the Mater Hospital when he saw the bone protruding in his mouth. He spent four weeks in hospital as a result of the attack.

He was kept handcuffed all this time. The doctor asked for the handcuffs to be removed during the surgery but the officer in charge refused, even though he would be unconscious.

He told gardai that when he regained consciousness after surgery he found he was handcuffed to the hospital bed.

Mr Fogarty said he was not allowed phone his mother to tell her he was in hospital and had to ask another patient to ask the doctor to phone for him.

Two deputy governors came to the hospital some days after the assault but he told Mr MacEntee that apart from sniggering at him, they ignored him and only spoke to the officers.

He further told gardai he was left in the clothes he was brought to the hospital in, his track suit bottoms inside out and a prison uniform shirt, with no underwear or footwear, until his mother brought him some new supplies.

The trial continues before Judge Dominic Lynch.