Jury told of Reclaim the Streets confrontations
A community garda hit a May 2002 "Reclaim the Streets" demonstrator over the head with a baton after dragging him back by the hood of his sweatshirt, a jury has been told.
Garda Donal Corcoran of Mountjoy garda station is also accused of assaulting two other demonstrators on the same occasion.
He has pleaded not guilty to three counts of assault causing harm, to Oisin Breen, Butterfield Park, Rathfarnham, Katie Crean, New Cabra Road, Dublin 7 and Brian Hayden, Knockmore Grove, Tallaght on May 6, 2002.
Inspector Majela Ryan of Fitzgibbon Street garda station said Gda Corcoran was known to him as a garda working in the community unit of Mountjoy garda station. He said that Gda Corcoran was selected due to his ability to interact with local residents and his excellent people skills.
He told the jury that Gda Corcoran was also a victim support liaison officer and had initiated the set-up of a support group for asylum seekers in the local community.
Insp Ryan said that as the ethnic liaison officer, Gda Corcoran had gained the trust of the people who attended the support group and had an excellent rapport with them.
Mr Thomas O’Connell SC (with Mr Sean Gillane BL), prosecuting, told the jury in his opening statement there was a great deal of publicity in relation to this case in the days following the protest. He advised them to put anything they knew of the case from the media behind them.
Mr O’Connell told the jury this was an emotive case and warned that it should not decide the case "because you are in favour of the demonstration or have some hostility towards gardaí".
Mr O’Connell said the jury would hear evidence that the demonstration, described by the organisers as a "street carnival", assembled on Burgh Quay in Dublin city centre. It then made its way up the quays turning onto Parliament Street towards City Hall.
The first confrontation took place at the Central Bank on Dame Street where there was a force of gardaí present, some uniformed and some not. Counsel told the jury that the three people allegedly assaulted by Gda Corcoran were students taking part in the demonstration.
Brian Hayden, the first witness called in the trial, said he was struck with a baton on the head by a garda and received eight stitches in St James Hospital.
He told Mr O’Connell that when he got as far as the Central Bank on Dame Street, his attention was drawn to a man lying on the ground in the foetal position. The man was surrounded by two or three gardaí and they were "beating him all over with their batons".
Mr Hayden said he tried to intervene and asked the gardaí to stop. He was then hit with a baton in the neck. He moved away where he saw other people being hit with batons and tried to intervene again.
He was hit on the arm by one or maybe two gardaí. Mr. Hayden said he moved back again but then he was dragged by the hood of his sweatshirt and received a blow to the head from a baton. He did not see who hit him.
When asked by Mr O'Connell what he did following this, Mr Hayden said he covered his head with his hands and realised he was covered in blood. With his friends’ help, he moved towards Parliament Street and then onto Temple Bar, where they asked a senior garda for assistance.
Mr Hayden told the jury the garda ignored their request for help, so they moved onto Christchurch, where they got an ambulance to St James’ Hospital.
Asked by Mr O'Connell if at any point he had been arrested by gardaí or charged because of his participation in the demonstration, he replied he had not.
Mr Hayden told the jury that in the days following this incident, he contacted his solicitor and on his advice made a statement to the Garda Complaints Bureau.
Mr. Hayden identified himself in video footage of the incident shown to the jury in which a garda. Wearing a blue shirt appeared in the foreground of the first frame of the footage and then appeared to move into the background towards witness.
Mr Hayden was then seen to be pulled back from the crowd by this garda. He told the jury he could see this garda then hit him over the head with a baton, just before the shot went out frame.
Mr Patrick J McCarthy SC, defence counsel, suggested to Mr Hayden, in cross-examination, that the video recording showed him jumping on top of the gardaí at the demonstration.
Mr Hayden did not accept this and said that he could have been jumping back from gardaí in self defence.
He further denied intervening in a threatening manner when Mr McCarthy said he had been instructed by his client, that it was believed he was physical intervening and being aggressive towards gardaí at the demonstration.
Mr McCarthy put it to Mr Hayden that he did not simply ask gardaí to stop but that rather he roared "stop you fucking bastards" to the gardaí at the demonstration.
Mr Hayden said, "It is possible. I was very agitated by the situation. I can not recall exactly what I said."
Mr. McCarthy then referred Mr Hayden to the frame just before he was hit over the head which showed him stretching out his hand and asked him why his hand was outstretched.
Mr Hayden said it was in self defence and pointed out a garda in the frame who was swinging a baton. Mr McCarthy suggested that this garda’s attention was not directed towards witness but another person who could not be seen in the frame.
Mr Hayden said he was trying to stop this garda from hitting the other person. He did not accept a further suggestion by counsel that another frame showed his hand clenched into a fist.
He further denied Mr McCarthy’s suggestion that at this point he was lunging towards the second garda in an aggressive manner.
The trial continues before Judge Yvonne Murphy and a jury of four women and eight men.
