Garda 'saw protestor at throat of colleague'
14/04/2005 - 17:50:17Defence counsel for a garda accused of assaulting a "Reclaim the Streets" protester in 2002, has told the accuser his client will testify that he saw him with his hand to the throat of another garda.
Garda Paul Tallon of Mountjoy Garda Station has pleaded not guilty at Dublin Circuit Criminal Court to assault causing harm to Mr Fergal Leddy on May 6, 2002.
Mr Anthony Sammon SC (with Mr Breffni Gordon BL) told Mr Leddy during his cross-examination that Gda Tallon judged he should intervene when he saw a garda colleague in difficulty with a protester.
It was accepted that the protester was Mr Leddy.
Mr Sammon said that Gda Tallon will say that he came behind Mr Leddy who was holding the garda by the neck and tried to pull him back by the shirt, asking asked him to let go of the man.
When the protester did not let go, Gda Tallon decided to use his baton to get Mr Leddy to release the grip on his colleague. He struck once on the upper arm but the grip was not loosened, so he struck a second and a final third blow.
Mr Leddy told Mr Sammon that Gda Tallon’s version of events differed greatly from his. "Firstly, nobody addressed me at this time. I do not recall any injuries to my upper arms and I certainly did not have anyone by the throat."
Mr Sammon said his client will also testify that the protester had not come to the assistance of any other demonstrator, as Mr Leddy had claimed.
Mr Leddy strongly disputed this. He said that he clearly saw a garda in an altercation with another protester and he (Mr Leddy) was struck at the back of the head when he went to their assistance.
He told Mr Sammon that he appealed verbally with the garda to let go of the protester but the garda paid no attention to him.
Mr Leddy said he then interceded by pushing the protester and the garda apart. He told Mr Sammon that he had his hands on the chest or shoulder region of the garda.
Replying to a suggestion by Mr Sammon that Gda Tallon may have perceived that Mr Leddy had his hands in the region of his colleague’s neck, Mr Leddy replied that this was possible, if the chest and shoulder region could be considered the neck region.
Earlier, Mr Leddy had pointed out to the jury an image on footage of the event that showed what he perceived to be the beginning of the altercation between this unidentified uniformed garda and the protester.
Mr Leddy said the footage showed a protester in a headlock with his hands in the air. He said the garda could be seen with his arm around the protester’s neck.
Mr Leddy told Mr Sammon that he believed he was struck between two and five times on the head with a baton, but he agreed with counsel that the video evidence only showed him being struck three times while he was on his knees.
Mr Leddy explained to the jury that he was struck with a baton previous to the incident filmed but the camera had not been focused on him at the time.
When Mr Leddy said in reply to Mr Sammon that his injuries substantiated his contention that he was struck with vigorous force with a baton, counsel said if Mr Leddy had been hit about five times about the head with a baton, his head would be in "flitters and bits".
"Your injury is not consistent with five blows to the head, or four, or three, or two or indeed one," Mr Sammon said.
In re-examination of Mr Leddy, Mr Tom O’Connell SC (with Mr Bernard Condon BL) prosecuting, requested witness to show the jury a scar on the back of his head, which he said he had sustained from the alleged assault.
The trial continues before Judge Joseph Matthews and a jury of 10 men and two women.
<-- BACK TO STORY