Prisoner's jaw 'broken on both sides'
A jury at Dublin Circuit Criminal Court has been told that a remand prisoner's jaw was broken on both sides by a prison officer who kicked him in the face some time after a riot had ended.
Mr Alan Garvey (aged 32), c/o Mountjoy Prison, Dublin 7 has pleaded not guilty to assault causing harm and assault causing serious harm to Mr Colm Fogarty on September 18, 1999.
During the first day's hearing, a prison officer donned full riot gear in a demonstration for the jury at the request of defence counsel Mr Patrick MacEntee SC (with Mr Des Zaiden BL).
Prosecuting counsel, Mr George Birmingham SC, earlier told the jury it would hear evidence alleging that Mr Garvey kicked Mr Fogarty in the face.
Mr Birmingham said the incident happened in the aftermath of a riot in B Division of Mountjoy Prison in the early afternoon. The riot was brought under control by officers who placed the prisoners back in their cells.
The prison authorities, as was customary procedure in these circumstances, then decided to remove the suspected ringleaders and place them in isolation in another part of the prison.
Mr Birminghan said two teams were assembled to remove Mr Fogarty and his cellmate, Mr Sean Connelly. The teams were kitted out in full riot gear, except for the two supervising officers who were not to take an active part.
The prisoners were removed by van to the medical unit of the prison a couple of hundred metres away. They were held by their head, arms and legs in a "control and restrain" procedure so they could not injure any officers while they were being moved.
Mr Birminghan said Mr Fogarty was placed in a van and taken to the medical unit without any trouble as he was completely under the officers' control.
But, as he was being carried out of the van, the accused, who was not involved in his removal, came over and kicked him twice in the face with considerable force, the court heard.
Mr Fogarty began bleeding almost immediately and was visited by medical orderlies. He was later taken to the Mater Hospital where it was discovered his jaw was broken on both sides.
Officer Finbar Burke, who was in charge of moving Mr Fogarty, told Mr MacEntee that 11 officers were injured in the earlier riot and one was knocked unconscious.
He said that although special boots are issued with the riot gear used in the prison, he did not notice anyone wearing them that day.
The trial continues before Judge Dominic Lynch.
