Garda denies beating protestor in the head
A garda accused of assaulting a protester at the 2002 ‘Reclaim the Streets’ march in Dublin has claimed in evidence that he was justified in striking the man three times in the "upper body" but denied he ever hit him in the head.
"I don’t believe I struck Mr Fergal Leddy on the head. If I did it was not my intention to do so," Garda Paul Tallon told the Dublin Circuit Criminal Court jury.
Garda Tallon, aged 31, has pleaded not guilty to assault causing harm to Mr Fergal Leddy, aged 35, on May 6, 2002. It was day six of the trial.
Garda Tallon told Mr Anthony Sammon SC (with Mr Breffni Gordon BL), defending, that he came on duty at 6pm that evening as a plain clothes garda with the Street Crime Unit. At about 7pm he and his colleague answered an "urgent assistance call" from gardaí on Dame Street.
He said that when he arrived there, he saw a group of "about three or four hundred people running about and a small number of gardaí". It appeared to him that there were only "pockets of gardaí" trying to control the situation.
He told Mr Sammon that he could see "scuffles between the people running about and uniformed gardaí." He said he had no idea there had been a march earlier that day.
Garda Tallon told the jury he didn’t see any senior officers and said it was "a good five or 10 minutes" before he noted an inspector. He approached that officer and was informed that it was "a form of protest march."
He told Mr Sammon that he used his baton in two incidents that evening. In the first incident he used it to warn off a protester who "swung a punch" at him.
Garda Tallon said he saw two uniformed gardaí walking towards him. A protester was running at one of his colleagues so he walked in between them with his baton raised. The protester then went to swing at him but stopped when he saw the baton.
Garda Tallon said he did not strike this protester and he told Mr Sammon that this incident had nothing to do with Mr Leddy.
In the second incident, he admitted he struck a protester three times. "I saw a civilian with both his hands around a garda’s neck." said Garda Tallon. He felt there was no way his colleague could defend himself so he decided to intervene.
Garda Tallon told Mr Sammon that he did not know this garda at the time nor did he know who the civilian was. He said he now knows the protester to be Mr Leddy and that he had since learned that the garda is Detective Garda Kieran Barry.
He said he initially grabbed Det. Garda Barry and tried to pull him away from Mr Leddy but he was unable to separate them. Then Mr Leddy and Det. Garda Barry spun around and Garda Tallon said he let go of the garda and grabbed Mr Leddy instead.
"I held on to the person’s shirt and told him to let go twice," claimed Garda Tallon. But Mr Leddy did not let go so he said he "had no other option" but to draw his baton and use it.
He said he struck Mr Leddy three times, and each time struck him on his upper arm. After the third strike Mr Leddy let his grip go on Det. Garda Barry and Garda Tallon and Det. Garda Barry put him on the ground.
When Mr Sammon asked him why he used his baton, Garda Tallon replied: "In order to make him release his grip on the garda". He denied striking Mr Leddy on the head.
Garda Tallon told the court he placed Mr Leddy on the ground in order to arrest him for assaulting a garda but due to the approaching crowd he released the man, who ran off into the crowd.
Garda Tallon said he was taught that a baton should be used to defend one’s self or others, or to repel an attack. He said it was recommended to use the baton on the arms, upper body and legs and to avoid hitting the head at all times.
He told Mr Sammon that he aimed at Mr Leddy’s upper arm when he struck him.
Garda Tallon said he was unaware of any form of complaint regarding his dealing with Mr Leddy until around August 2002.
Garda Tallon told Mr Tom O’Connell SC (with Mr Bernard Condon BL) in cross-examination that he believed he struck Mr Leddy on the upper arm but agreed with counsel that there was a possibility he hit him on the head.
He did not agree with Mr O’Connell that it would be a logical to draw a conclusion that he had struck Mr Leddy on the head, considering Mr Leddy’s head injury.
"I do not think that it is an obvious explanation that my striking him led to the cut on his head. There was no blood on my baton or in the area." Garda Tallon said.
In response to a suggestion from Mr O’Connell that he hit Mr Leddy with his baton without justification, Garda Tallon replied that he believed he was justified because he was defending a colleague.
He disagreed with counsel that Mr Leddy’s version of events was the true account of the day and denied making the whole story up.
The trial continues before Judge Joseph Matthews and a jury of 10 men and two women.
