Garda appeared to strike out at protestor, court hears

A detective has told a jury that aerial footage of the 2002 ‘Reclaim the Streets’ protest in Dublin appears to show Garda Paul Tallon striking out at a protester three times with a baton.

The Dublin Circuit Criminal Court jury has also heard two senior officers, Detective Inspector Walter O’Sullivan and Insp Con O’Halloran, identify Garda Tallon in video footage of the event.

Garda Tallon of Mountjoy Station, Dublin has pleaded not guilty to assault causing harm to Mr Fergal Leddy on May 6, 2002. It was day-five of the trial.

Detective Sergeant John Schley, who was giving evidence on day five of the trial showed the jury a video compilation of the event and told prosecuting counsel Mr Thomas O’Connell SC (with Mr Bernard Condon BL) that he could see three gardaí struggling with a protester.

He said Gda Paul Tallon, who was in plain clothes, appeared to be striking out at Mr Leddy three times with his baton.

Later, he said, Gda Talllon appeared in the footage with a baton over his head in a defensive posture while someone could be seen on the ground with hands over head and knees up.

Det Sgt Schley agreed with Mr Martin Giblin SC (with Mr Breffni Gordon BL), defending, that there were a lot of other incidents going on nearby and that he had had to rely on participants in the protest to identify themselves in the footage of the alleged assault which was taken from the ground and from the air.

Earlier, Det Insp O’Sullivan and Insp O’Halloran identified Gda Tallon as having been in one of the video frames in the footage holding what appeared to be a baton in his right hand.

However, Det Insp O’Sullivan agreed with Mr Giblin that he had not said in either of his statements about the event that Gda Tallon had assaulted someone.

He agreed public order was a growing issue and that uniformed and plain clothed gardaí were issued with batons to be drawn "at a time of danger when a measure of protection is required."

He agreed with Mr Giblin he recognised the position that Gda Tallon was standing in as a "defensive posture."

Mr Aidan Corcoran, who said he attended the event "in a leather slave suit" also identified himself in the video footage.

He said his suit comprised of a series of leather straps and that he had "large heavy leather cuffs on my wrists" and sent a ripple of laughter through the courtroom when he asked Mr O’Connell if he was aware of the film ‘Spartacus’.

Mr Corcoran said that he saw his friend Mr Leddy being hit on the side and back of the head by a plain clothed garda with a baton. He said he immediately ran over to him and as he did so he could see Mr Leddy was bleeding.

He said he wasn’t sure how badly injured Mr Leddy was but it had looked like "quite a ferocious attack.". He added that he was struck three times himself and alleged that one of the strikes to his left leg came from the "same garda."

He told Mr Gordon he was not taking drugs on the day and wasn’t drinking to any great extent. Mr Corcoran admitted he had been found guilty in the past of possessing a small amount of cannabis.

The trial continues before Judge Yvonne Murphy and a jury of six men and six women.