Garda assault trial: Prosecution case closes

The prosecution case has closed in the trial of four gardaí accused of forcing entry to a Dublin flat and assaulting its young male occupant.

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

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

Earlier, Mr Tom O’Connell SC, prosecuting, tendered a witness, Sergeant Sean McAvinchey, to the defence.

Sgt McAvinchey agreed with Mr David Keane SC, defending Gda Conlon, that he had told a garda inspector on February 22, 2008 that he wasn’t aware of any incident at Basin Street the previous Sunday because he had been off for a week.

He said he called the patrol car, driven by garda Conlon, back to the station and asked the garda if “our car” had been involved in any incident.

The sergeant agreed with Mr Keane that his client said he had been involved in an incident and had intended to arrest Mr Gaffney for threatening to bite off his nose.

He said garda Conlon told him Ms Gaffney had let him into her premises the day before the alleged incident.

The trial will continue on Wednesday before Judge Desmond Hogan and a jury of six men and six women.