Garda accepts ‘excessive force’ claim

A garda accused of assaulting three "Reclaim the Streets" protesters has told a jury that he accepted he had hit one of them on the head and had used excessive force.

Garda Donal Corcoran said it was not his intention to deliberately injure the protestor nor to make contact with his head and when the case was over he would apologise to him.

Gda Corcoran told the jury he knew people call him ‘Robocop’ and ‘Terminator’ and that the image of him as a cold unfeeling person does not sit well with him.

"It does not represent the person I want to be nor the person I was brought up to be" he said when giving evidence in his defence at Dublin Circuit Criminal Court.

"I am the public face of Mayday. Ever since May 2002, my whole life has been about Mayday," he added in reply to his counsel Mr Patrick J McCarthy SC (with Mr Breffni Gordon BL).

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

Gda Corcoran also told the jury that contrary to what he had been told in garda training, there was no garda plan in place that day for dealing with the demonstration. His sergeant received an urgent call for assistance shortly after 6pm. This was a very rare call and was only reserved for when gardai were under threat or attack.

After arriving on Dame Street with his sergeant and another garda, Gda Corcoran told the jury that he had received an order from the inspector in charge to physically remove protesters from the street, as they were sitting down and blocking traffic.

Gda Corcoran said he had just moved a number of people to the pavement when he heard someone shouting "Stop you f**king bastards."

He turned in the direction of where the shout came from and saw a man he now knows to be Mr Hayden jumping in the air and giving what he perceived to be a flying kick to members of the gardai surrounding him.

He intervened and pulled him away with the intention of restraining him but then perceived him to be lunging at a nearby garda with his hand outstretched. He felt he was attempting to punch his colleague so he drew out his baton with the intention of bringing it down on the outstrechted arm.

Gda Corcoran accepted that he had in fact hit Mr Hayden’s head with the baton and that he had used excessive force in his dealing with him. He said there was a lot of movement at the time and it was never his intention to make contact with Mr Hayden’s head.

"No one regrets this more than me. I did not deliberately try and injure Brian Hayden. I am not saying this lightly or because I may lose my job or go to prison. I will apologise to Mr Hayden when all this is over."

Gda Corcoran denied assaulting Ms Crean. He accepted he was in the line of gardai who moved protesters onto Anglesea Street but he did not strike her.

He told the jury he was certain of this because she said in her evidence that she fell to the ground after she was struck and he did not see any female fall in front of him on Anglesea Street.

He further denied assaulting Oisin Breen. He admitted he was at the junction of Parliament Street when Mr Breen was assaulted and he noted approximately seven gardai surrounding protesters.

He went towards the group with his baton raised when Mr Breen "bolted past him with his head in his hands." He said in reply to Mr McCarthy’s question if he struck Mr Breen: "I did not strike him whatsoever."

Gda Corcoran told the jury that there was no plan in place for dealing with the demonstration on May 6 2002. He said that in garda training they were told they would be briefed fully before they would be expected to control any crowd in the course of their duties and individuals assigned to specific duties. There were no such preparations made on the day.

"I went out on a day’s work not anticipating this event and now I am here in the dock trying to defend myself. There are not many people who have to do that in a day’s work."

In cross examination by Mr Tom O’Connell SC, prosecuting, Gda Corcoran said no order had been given by any senior officer to draw batons. He accepted Mr O’Connells’ comment that "In fact it was quite the contrary. A senior officer asked gardai to put away their batons."

After viewing the video footage of the assault on Mr Hayden, he accused strongly denied counsel’s suggestion that from the time he grabbed Mr Hayden he had intended to hit him with his baton. Gda Corcoran said it was his intention to restrain Mr Hayden and then subsequently to hit him on the arm to prevent him punching his colleague.

He further denied that he was reconstructing his thoughts on the night in the light of what he viewed in the video footage. He admitted he made no attempt to arrest Mr Hayden.

Gda Corcoran told Mr O’Connell that there was no reference in the garda code of conduct stating that batons should be held crossways to push crowds forward.

Pressed by Mr O’Connell why he said in his direct evidence that it was standard practice to hold batons in this manner, Gda Corcoran replied that he noted other more experienced officer were holding their batons in this manner on Anglesea Street so he imitated them, explaining that this was his first time to deal with crowd control.

Gda Corcoran was then asked to view the video footage showing the assault on Mr Breen and identified himself on the video standing next to Mr Breen. It also showed him running after Mr Breen holding his baton in his hand but he strongly denied counsel’s suggestion he was following him with the intention of striking him again.