Man accusing gardaí of assault denies lashing out
The young Dublin man accusing four gardaí of assault has denied he lashed out at them and said he was never violent to any officer in his life.
Mr Owen Gaffney (aged 21) admitted he was “no angel” growing up but revealed that the only time he became abusive to gardaí was when they were abusive to him first.
He pointed to Garda Sean O’Leary saying: “That guard Sean O’Leary beat me since I was 15 or 16 years old. That guard battered me.”
Gardaí O’Leary, Eoin Murtagh, Alan Conlon and Claire Delaney have pleaded not guilty at Dublin Circuit Criminal Court to forcing entry to a Basin Street Upper premises, entering as trespassers and assaulting Mr Gaffney causing him harm on February 17, 2008.
Gda Murtagh, Gda Conlon and Gda Delaney have also pleaded not guilty to the false imprisonment of Fidelma Gaffney on the same occasion.
Gdi O’Leary, Murtagh and Delaney are based in Kilmainham garda station and Gda Conlon is based at Kevin Street garda station.
Mr Gaffney agreed with Mr Hugh Hartnett SC, defending Gda O’Leary, that he had been in several incidents with gardai since 2005, including arrests for trespass and public disorder, but said he had never been violent toward any officers.
He agreed he had been convicted of fracturing another garda’s jaw some years ago but claimed his father told him to plead guilty to the charge or face prison.
He said he got community service for this but was jailed for three months when he failed to carry out the order.
He denied attempting to kick or bite gardaí during another incident and said he was barechested at the time because an officer had pulled his top off as he dragged him to the ground.
He agreed he had put his head through a window during a row with his mother’s boyfriend in 2006 but could not recall lashing out when emergency services were called to the flat.
He told Mr Hartnett that some gardaí would intimidate him because they did not like his father, who has since died.
He denied lying to the Garda Ombudsman Commission about not having previous convictions saying that he had not understood the word at the time.
Mr Hartnett put it to him that he had been sitting on his bed when Gda O’Leary entered the room, that he jumped up, threatened to kill the gardaí and started lashing out violently in a struggle that had several officers on the ground with him. Mr Gaffney denied this.
He further denied making up the incident and pointed to the accused, saying: “Them four guards. They’re the ones that’s lying.”
Mr Gaffney agreed he knew Gda Murtagh to see but said he had previously called him by a different name.
Mr Brendan Grehan SC, defending Gda Murtagh, put it to him that he did not mention Gda Murtagh being in the room and hitting him with a baton and ball in the arm in any statement taken during the investigation.
Mr Gaffney accepted this but insisted Gda Murtagh had assaulted him in the way he had described.
He said: “Gda Murtagh knows deep down in his heart that he did this”.
Mr Grehan asked Mr Gaffney if he had seen Gda Delaney in the room, to which he replied: “She must have been because they all took turns.”
He agreed he was assuming Gda Delaney had been present but denied assuming Gda Murtagh was also there.
The trial continues before Judge Desmond Hogan and a jury of six men and six women.
