Prisoner's injuries 'recorded as nose bleed'
The trial is continuing today of a prison officer accused of breaking a prisoner's jaw.
The jury yesterday heard that the alleged victim's injures were recorded as a nose bleed in
the registration book in the medical unit.
Mr Finbar Burke, who was supervising the prisoner's removal, told the Dublin Circuit Criminal Court jury he had nothing to do with this book and did not know who made this entry.
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 a prisoner, Mr Colm Fogarty, on September 18, 1999.
Mr Burke was given a registration book which is filled out chronologically as prisoners are admitted to the medical unit. In the entry regarding Mr Fogarty, under the heading 'remarks', the form read 'nose bleed'.
Although Mr Burke had earlier told the court Mr Fogarty was moved after his cellmate, he was entered first in the registration book, indicating he arrived first.
Mr Burke initially told defense counsel Mr Patrick MacEntee SC (with Mr Des Zaidan BL) he had signed the registration book but when asked to find his signature, he could not locate it.
He insisted he was requested to sign some form by an Assistant Chief Officer several days after the alleged assault.
Mr MacEntee showed him a form which should be completed by the supervising officer when a prisoner is placed in a padded cell and Mr Burke agreed it was his signature on the bottom.
This form was dated September 18, the date of the alleged assault, but Mr Burke said he did not fill it out until at least a week later.
In reexamination, Mr Burke told prosecuting counsel Mr George Birmingham SC (with Mr Fergal Foley BL), tha it was normal procedure to fill out the padded cell form a few days after the prisoner is moved.
The trial continues before Judge Dominic Lynch.
