Garda assault trial continues

A garda on trial for assaulting a Dublin youth denied using excessive force but said he could have handled the situation “in a more professional manner.”

Garda Alan Conlon (aged 30), one of four gardaí accused of assaulting Mr Owen Gaffney after breaking into his home, told the Garda Siochana Ombudsman Commission (GSOC) that he regretted that the situation “got out of hand”, felt it was dealt with unprofessionally and apologised.

Mr Gerard McDonnell, a GSOC officer, told Mr Patrick McGrath BL, prosecuting, that Gda Conlon said he had been driving around the Basin Street flats on February 17, 2008 looking to arrest Mr Gaffney for threatening to bite off his nose the previous night, when he met colleagues in the Kilmainham patrol car.

Gda Conlon said he found out Gda Eoin Murtagh was looking to arrest Mr Gaffney also and got a radio call from the Kilmainham vehicle later that day to go to Basin Street flats.

Gardai Conlon, Murtagh, Claire Delaney and Sean O’Leary have pleaded not guilty at Dublin Circuit Criminal Court to forcing entry at a Basin Street Upper premises, entering as a trespasser and assaulting Mr Gaffney (aged 21) causing him harm on February 17, 2008.

Gdi Murtagh, Conlon and Delaney have also pleaded not guilty to the false imprisonment of Ms Fidelma Gaffney on the same occasion.

Gda Conlon, in the presence of his solicitor, said the complainant’s mother, Ms Gaffney, agreed to let himself and other gardaí into her premises and everyone, bar two colleagues, went upstairs.

He said Mr Gaffney had been sitting on his bed and “immediately became very aggressive”, tried to attack them and was continuously fighting and kicking in a struggle on the floor.

Gda Conlon said he decided to “pull out” when he felt the situation “got out of hand” and to return another time to arrest Mr Gaffney.

He said he got up from the floor and asked Mr Gaffney to calm down before he met Ms Gafffney, who was screaming at him to leave, at the door of the bathroom on his way out of the flat.

He denied striking Mr Gaffney with his baton. He said he didn’t believe the force used had been excessive but added that he felt he could have handled the situation more professionally.

He denied he was responsible for Mr Gaffney’s injuries and said any force used on the youth had been solely to restrain him.

Gda Murtagh, in his solicitor’s presence, told Mr McDonnell that he disagreed with the allegations made and described assisting two colleagues in breaking up a fight involving Mr Gaffney on February 16, 2008.

He said he struggled with Mr Gaffney on the ground, but had no handcuffs and let him go.

He denied entering the Basin Street flat illegally, assaulting Mr Gaffney and falsely imprisoning his mother.

He said he went to the flat to arrest Mr Gaffney, but couldn’t account for the injuries he sustained and denied assaulting him with his fist.

Gda Delaney said she went to the premises to help Gda Murtagh make an arrest for something that happened the previous night.

She denied Ms Gaffney had asked to see a warrant, denied showing her a document and said she contradicted a statement by then Student Garda Catherine Patterson that she had shown something purporting to be a warrant.

When shown photos of Mr Gaffney and asked what she thought of his injuries, she replied: “I am not a doctor.”

She accepted being in the flat but denied seeing Mr Gaffney during the alleged incident.

A senior GSOC officer, Mr Garett Croke, told Mr McGrath that Gda O’Leary accepted he had been at the flat but rejected the allegations, denied entering the premises unlawfully or beating Mr Gaffney with two batons, saying: “That statement is grossly untrue, that did not happen.”

He said the allegations were completely false and that he had been at the premises to “effect an arrest for an arrestable offence.”

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