Demonstrators give evidence at Garda's assault trial

A garda hit a May 2002 "Reclaim the Streets" demonstrator over the head with a baton after dragging him back by the hold of his sweatshirt, a jury in Dublin Circuit Criminal Court, has been told.

Garda Donal Corcoran of Mountjoy Garda Station is also accused of assaulting two other demonstrators on the same occasion.

He has pleaded not guilty to three counts of assault causing harm, to Oisin Breen, Butterfield Park, Rathfarnham, Katie Crean, New Cabra Road, Dublin 7 and Brian Hayden, Knockmore Grove, Tallaght on May 6, 2002.

Mr Thomas O’Connell SC, for the State, told the jury in his opening statement there was a great deal of publicity in relation to this case in the days following the protest. He advised them to put anything they read behind them.

Mr O’Connell warned the jury that "any sentiments you have, whether they be pro-activist, pro-gardaí or anti-activist, anti-gardaí should not interfere with your judgement".

Mr O'Connell said the jury would hear evidence that the demonstration, described by the organisers as a "street carnival", assembled on Burgh Quay in Dublin city centre. It then made its way up the quays, turning onto Parliament Street towards City Hall.

"The demonstrators were first confronted with gardaí at the Central Bank on Dame Street where some gardaí wore plain clothes and some were uniformed," said Mr O'Connell.

The three people allegedly assaulted by Garda Corcoran were students taking part in the demonstrations.

Brian Hayden, the first witness called in the trial, was allegedly struck with a baton on the head by Garda Corcoran and received eight stitches in St James Hospital.

Mr Hayden told Mr O‘Connell that when he got as far as the Central Bank on Dame Street his attention was drawn to man lying on the ground in the foetal position. The man was surrounded by two or three gardaí and they were "beating him all over with their batons".

Mr Hayden told the court, that it was at this point he tried to intervene and asked the gardaí to stop.

He said he was then hit with a baton in the neck. He moved away where he saw other people being hit with batons and tried to intervene again and was hit on the arm by gardaí.

Mr Hayden said he moved back again but then he was dragged by the hood of his sweatshirt and he received a blow to the head from a baton. He told the court he did not see who hit him.

When asked by Mr O'Connell what he did following this, Mr Hayden said that he covered his head with his hands and there was blood streaming everywhere. With his friends' help he moved towards Parliament Street and then onto Temple Bar, where they asked a senior garda for assistance.

He told the jury the garda ignored their request for help, so the they moved onto Christchurch, where they got an ambulance to St James’ Hospital.

Asked by Mr O’Connell if at any point he was arrested by gardaí or charged because of his participation in the demonstration, he replied he had not.

Mr Hayden told the jury that in the days following this incident he made a statement to the Garda Complaints Bureau, where he was shown footage of the incident in question. He identified himself and the garda who hit him to the jury, from the video evidence.

A garda wearing a blue shirt appeared in the foreground of the first frame of the footage and then appeared to move into the background towards witness. Mr Hayden was then seen to be pulled back from the crowd by this garda.

Mr Patrick J McCarthy SC (with Mr Breffni Gordon BL), defence counsel, suggested to Mr Hayden, in cross-examination, that the video recording showed him jumping on top of the gardaí at the demonstration.

Mr Hayden accepted he could not recall exactly what he was doing but said he was certain he did not jump on gardaí.

He further denied intervening in an aggressive manner, when Mr McCarthy said he had been instructed by his client, that it was believed he directed a kick at gardaí at the demonstration.

Mr McCarthy put it to Mr Hayden that he did not simply ask gardaí to stop but that rather he roared: "stop you f***ing bastards" to the gardaí at the demonstration.

Mr Hayden said he was not certain that he went that far but admitted that he was shouting at gardaí.

He told the court he was acting in a defensive manner rather than an aggressive one.

Mr McCarthy then referred Mr Hayden to the frame just before he was hit over the head which showed him stretching out his hand and asked why his hand was outstretched.

Mr Hayden said it was in self defence and pointed out a garda in the frame who was swinging a baton. Mr McCarthy suggested that this garda’s attention was not directed towards witness but another person who could not be seen in the frame.

Mr Hayden said he was trying to stop this garda from hitting out. He did not accept a further suggestion by counsel that another frame showed his hand clenched into a fist. Mr Hayden did accept that at one point his hand did make contact with the shoulder of that garda.

Mr Hayden strongly denied Mr McCarthy’s suggestion that he was restrained by gardaí because he was engaged in violent conduct towards them and lunging towards them in an aggressive way.

Ms Katie Crean, said that as she turned onto Dame Street with other protesters they were met by a line of gardaí, who approached them forcing them to disperse and turn onto Anglesea Street.

She said she was one of the last people to be moved onto the side road and the line of gardaí were directly behind her, pushing the crowd forward. There were so many people on the street, that the crowd was moving very slowly and a lot of people were tripping up.

She told prosecuting counsel, Mr Sean Gillane BL (with Mr O’Connell), that at this point she turned around to the gardaí behind her and asked: "Why are you pushing us? We are all going in the same direction."

She said she turned back to continue moving along the street when she received a blow to the back of the head and fell to the ground.

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