Garda tells murder trial deceased assaulted her

A female garda has told a murder jury she was assaulted by a man arrested for breaching a barring order and whose partner is now on trial for his murder.

In evidence today Garda Sinead Magee told the Central Criminal Court that the deceased man, Derek Benson, attempted to knock her down the stairs of the Bridewell after she arrested him for breaching a barring order taken out by his partner, Jacqui Noble.

Garda Magee told Ms Mary Ellen Ring SC that she was on duty in Ballymun, Dublin in November 1997, when she heard him shouting up at Ms Noble’s flat.

She warned him to leave the area and then spoke to Jacqui Noble: "She explained that she had a barring order against him".

As they spoke, Derek Benson entered the flat whereupon Garda Magee arrested him and brought him before the District Court.

He was granted bail. As he was being brought to the custody office to sign the bail bond he turned to Garda Magee and said: "I guarantee you I’ll be back in Jacqui Noble’s flat tonight and she won’t be making a complaint."

Garda Magee said she immediately returned him to court and informed the judge of his comments where bail was revoked.

She told counsel that she was bringing Benson through the tunnel area to the cells when "he swung around and hit me in an effort, or attempt to knock me down the stairs."

Asked if he was further charged with assaulting her, Garda Magee said yes. He was jailed for six months.

Garda Magee said that in December 1999, Jacqui Noble made another statement in relation to another assault but later withdrew it saying she "was not prepared to go to court".

In earlier evidence, the accused’s GP outlined to the jury a litany of injuries sustained by Jacqui Noble over a five year period.

Dr Muiris Heuston, then attached to the Ballymun health centre, said he first treated her in April 1994 for injuries she claims were inflicted by Derek Benson.

He treated her from again in 1996, 1997, 1998 and February 1999 when he left the practice.

Dr Heuston told defence counsel that the accused’s injuries included fractured ribs, bruises to the chest and breasts, kicks to the back and shoulder injuries and extensive bruising to the body and thighs.

He said he advised her to report the assaults to the gardaí.

He told the court that on two occasions he referred her to the Mater and Beaumont hospitals for X-rays.

He said she was also complaining of being under stress and he prescribed medication.

Asked if Jacqui Noble’s injuries were consistent with her complaints of violence by Benson Dr Heuston replied: "Invariably, they were. Yes."

He said the accused was concerned for her young daughter’s wellbeing: "Jacqui was an excellent mother, someone who cared for her daughter extremely well."

Jacqui Noble, aged 38, of Knowth Court, Ballymun, Dublin and Paul Hopkins, aged 24, Sillogue Road, Ballymun have both pleaded not guilty to the murder of Derek Benson, aged 33, at Sandy Hill Avenue Ballymun on May 13 2000.

The trial continues tomorrow.