Protestor's hands 'were round my neck', garda tells court
A garda has told a Dublin Circuit Criminal Court jury that he was not aware of any garda coming to his assistance when a protester had him by the neck at the "Reclaim the Streets" protest in 2002.
Detective Garda Kieran Barry was giving evidence on day six of the trial of Garda Paul Tallon who is accused of assaulting Mr Fergal Leddy (aged 35) on May 6, 2002.
Gda Tallon (aged 31) pleaded not guilty to assault causing harm to Mr Leddy.
Gda Tallon had previously told the jury he struck Mr Leddy with his baton three times in an attempt to get Mr Leddy away from Det Gda Barry.
Det Gda Barry told Mr Anthony Sammon SC defending, that he was going to the assistance of other gardaí, when he was confronted by Mr Leddy who put his hand about his neck and grabbed his shirt collar.
Det Gda Barry said: "I tried to get away from him. Eventually he loosened his grip on me."
He told Mr Bernard Condon BL (with Mr Tom O’Connell SC), in cross-examination that he was not aware of Gda Tallon being present during this altercation or of a garda swinging his baton in his proximity.
Det Gda Barry said he did not have a hold of a protester previous to his altercation with Mr Leddy, as the alledged injured party had claimed, and that Mr Leddy never tried to intervene between him and a protester.
He told Mr Condon that Mr Leddy never placed his hands on his shoulders to separate him from another person. "The only time I remember Mr Leddy’s hands was when they were around my neck."
Det Gda Barry told the jury that he knew of no reason whatsoever for Mr Leddy to have grabbed him by the collar.
Det Gda Barry disagreed with Mr Condon that a point in the footage showed Mr Leddy attempting to get away from him.
He pointed out to the jury an image in the footage where he said he could be seen in a crouched position trying to get away from Mr Leddy.
Det Gda Barry said that at this stage Mr Leddy had his hands around the collar of his shirt, to which Mr Condon replied "Mr Leddy must have the wing span of an albatross to be able to reach you from that position."
Garda Des Murphy told Mr Breffni Gordon BL (with Mr Sammon SC), that when he arrived at Dame Street he saw a protester holding onto a garda. He knew the garda to be Det Gda Barry and now knew the protester to be Mr Leddy.
Gda Murphy told the jury that he was not certain where the protester was holding Det Gda Barry but he believed it to be the upper body, chest area.
Gda Murphy pointed out to the jury an image on the footage which showed him holding Mr Leddy to the ground. He said he was doing this to ensure that the situation with Det Gda Barry was diffused.
Gda Murphy told Mr Condon, under cross-examination, that he did not see Mr Leddy holding Det Gda Barry by the neck and that he did not witness Mr Leddy trying to get away from the garda.
He said he was aware that a non-uniformed garda had become involved with the altercation between Mr Leddy and Det Gda Barry.
Gda Murphy told the jury he did not see and did not remember seeing Gda Tallon hit Mr Leddy with his baton at all.
The trial has reached the closing stages. The jury has been addressed by Mr Condon, prosecuting and Mr Sammon, defending.
It will retire to consider its verdict after being charged by Judge Joseph Matthews.
