Alleged garda beating victim had 30 convictions, court told

The alleged victim of a garda beating had around 30 previous convictions including a four-year jail term for grievous bodily harm, a Dublin Circuit Criminal Court jury has heard.

The trial of Garda Brendan Whitty, who is accused of beating the man with his garda baton, heard that the alleged victim threatened to follow the garda home and “smash him up”.

Garda Whitty (aged 33), stationed at Kevin Street garda station, has pleaded not guilty to assault causing harm to Mr Keith Murphy on Thomas Street, Dublin 2, on September 20, 2007.

The prosecution had previously stated that Mr Murphy died hours after the beating but that his death was from a drug overdose and unrelated to the garda’s actions.

Mr Gerard McDonnell of the Garda Síochána Ombudsman Commission (GSOC) told defence counsel, Mr Hugh Hartnett SC, that Mr Murphy (35) had about 30 previous convictions, both in Ireland and the UK.

He said the convictions ranged from minor public order matters to assaults and robberies and that they were accrued from 1993 up until several months before his death. Mr McDonnell said the most serious conviction dated from 1994 when Mr Murphy was sentenced to four years in prison for “inflicting grievous bodily harm”.

The trial also heard evidence from Garda Fiona Morrison who was on duty at Kevin Street garda station when Gda Whitty brought in Mr Murphy following the alleged assault.

She said she noted that Mr Murphy was shouting, being uncooperative and threatening garda Whitty that he would “have his job.” She also noted that he appeared to be drunk.

She said Mr Murphy was put in a cell but remained aggressive. She said when she went to check on him he said he would follow Gda Whitty home and “smash him up.” She also said when the prisoner was released a short time later he demanded to see CCTV footage of the incident.

Prosecuting counsel, Mr Shane Costelloe BL, read a transcript of garda Whitty’s voluntary statement about the incident to the jury.

In his statement, made to GSOC investigators, Gda Whitty said he was on foot patrol when he saw Mr Murphy and another man arguing with each other. He said he was worried a fight would break out so he went over to talk to the men.

He stated that Mr Murphy began to shout abuse at him saying, “Who the f*** do you think you are?”. He said when he told Mr Murphy to relax he replied, “F*** you, you relax.”

Garda Whitty said he then went to arrest him but that Mr Murphy resisted and would not let himself be handcuffed. The garda said Mr Murphy said “f*** you, you’re not arresting me” before lunging at him with a closed fist.

The garda said he was in fear because the man was physically bigger than him and very agitated.

He said he stood back, took out his baton and hit Mr Murphy around the legs and arms several times.

“I am satisfied I used no more force than was necessary”, he told GSOC investigators.

He said it was the first and only time he had used his baton and that he made a report about it to his superiors the next morning.

The trial continues before Judge Desmond Hogan and a jury of six men and six women.