Inspector didn't give order to use batons, court told
A garda inspector has told the trial of three gardaí charged with beating a ‘Reclaim the Streets’ protestor on the head with their batons in May 2002 that, as far as he knew, no order was given that day for the use of batons.
Inspector Brendan Connolly said at Dublin Circuit Criminal Court that the garda objective was to allow the demonstration to end peacefully "no matter how long it took". Gardaí were ready for "the long haul" by the evening when the demonstration moved to the south side of the Liffey.
He told defence counsel, Mr Patrick J McCarthy SC (with Mr Breffni Gordon BL), during cross-examination, that the demeanour of the crowd had changed by then and there were elements in it intent on causing trouble.
Cans were being thrown at gardaí and abuse was being hurled. Earlier, some of the demonstrators had been banging on car roofs on Burgh Quay.
Insp. Connolly said that when he saw garda vans in the College Green area he directed a sergeant to get them out of there.
He then ordered gardaí at the scene to put their batons back in their pockets and remain in line because he wanted "to get the temperature down".
The crowd had taken over the street at this time and were mingling with traffic. Gardaí wanted to shepherd the crowd back to the side of the street so that traffic could get through.
Insp. Connolly told prosecuting counsel Mr John O’Kelly SC (with Mr Luan O Braonain BL), in re-examination, that gardaí ascertained after the event that a car which had been smoke bombed on Burgh Quay was owned by one of the ‘Reclaim the Streets’ organisers.
He said that the regulations on baton use permitted an individual garda who was isolated and felt threatened to use his baton to protect himself or someone else, but gardaí in a group could only use them on instructions of an officer in charge.
Insp. Connolly told Mr O’Kelly that he gave no instructions on the use of batons that day, and as far as his knowledge went nobody else did either.
Gardaí Ronan Judge and Thomas Victory of Store Street Garda Station, and Garda Paul Daly from Pearse Street Station have all denied assaulting Rory McMonagle, aged 23, of Neville Road, Rathgar, on May 6, 2002. It was day eight 8 of the hearing.
Superintendent Thomas Conway of Pearse Street identified Garda Daly on a video film of the alleged incident and told defence counsel, Mr McCarthy, he was an excellent garda officer who was effective in community policing.
The hearing continues before Judge Yvonne Murphy a jury of four women and eight men.
