Prisoner had knife in his cell, court hears

A prison officer said a report described as "kosher" was shown to him which claimed the prisoner who allegedly had his jaw broken by a colleague had a knife in his cell.

Mr Joseph Read said on day 21 of the Dublin Circuit Criminal Court trial he was the first officer into the prisoner's cell and did not see any knife in his hand, as claimed in the report shown him.

Mr Read said he was approached by Mr Finbar Burke on September 20, two days after the incident, and asked if he was first in the door of the cell. He replied he was and Mr Burke told him "No, you weren't". Mr Read said he replied: "Are you asking me or telling me?"

Mr Burke, who had supervised the removal of the prisoner when he was injured, then showed him the handwritten statement made by another officer, Mr Colm Davis which said he (Mr Davis) was first in the cell door and saw the prisoner, Mr Colm Fogarty, with a knife in his left hand.

Mr Read said he made a face when he saw this and Mr Burke told him the report had come form management and was "kosher".

They were then joined by Mountjoy Jail Deputy Governor, Mr Seamus Kramer, who looked at the report and said: "That's short and sweet. That will do."

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 Read told defense counsel Mr Patrick MacEntee SC (with Mr Des Zaidan BL) he was given a key to open the cell containing Mr Fogarty and Mr Sean Connelly.

Mr Fogarty was sitting on a pipe at the back of the cell with his left side facing the door. He was leaning his jaw on his hands and Mr Read did not see any sign of a knife. However, he could not see into the corner behind Mr Fogarty.

He then turned his attention to Mr Connelly and was involved in relocating him to the medical centre. He had nothing to do with the relocation of Mr Fogarty.

Mr Read said after his 'control and restraint' ('C&R') team had moved Mr Connelly, they went to the tea room in the medical unit. Mr Burke was there with the 'C&R' team which relocated Mr Fogarty. He heard some mutterings and Mr Burke said: "Shut the fuck up. No-one saw anything."

Earlier, prosecuting counsel, Mr George Birmingham SC (with Mr Fergal FoleyBL) asked Mr Garvey in continued cross-examination, why he told the gardai and the prison authorities he was in a position to see Mr Fogarty from the time he was removed from the van until he was brought into the

medical unit and did not mention they were outside on their own for a short interval.

Mr Garvey said it was not an issue at the time he gave his statement but maybe he should have clarified it.

Mr Birmingham observed that this would be crucial because if Mr Garvey was saying he didn't assault Mr Fograrty or see him being assaulted it must have happened when the the 'C&R' team were alone with him outside.

Mr Garvey said in his statement he was standing beside his van outside the medical unit when another van pulled up alongside. He saw the prisoner pulled from the back of the van and dropped on the ground.

He said he saw the 'C&R' team in charge of the prisoner pick him up and take him inside the medical unit and he followed them inside.

In his direct evidence, Mr Garvey said he entered the medical unit before the prisoner and the 'C&R' team. He said they were outside on their own a few minutes before he saw them bring the prisoner in the door of the medical unit.

The trial has now reached its closing stages. The jury will begin its deliberation after being addressed by both the prosecuting and defense counsel and charged by Judge Dominic Lynch.