Detective heard of alleged assault from prisoner's mother
The detective who investigated the alleged assault on a prisoner by a prison officer in Mountjoy told the jury the gardai first heard about the incident from the victim's mother.
Mr Noel O'Malley, who is now retired, said on day 18 of the Dublin Circuit Criminal Court trial the victim's mother came to Mountjoy garda station two days after the assault and told him her son was in a serious condition in the Mater Hospital after being assaulted.
She said she had been in the prison but was unhappy about the information she received and wanted a garda investigation into the incident.
Mr Alan Garvey (32), c/o Mountjoy Prison, Dublin 7 has pleaded not guilty to assault causing harm and assault causing serious harm to Mr Colm Fogarty, on September 18, 1999 at Mountjoy.
Mr O'Malley told defense counsel Mr Patrick MacEntee SC (with Des Zaidan BL) the gardai were informed the same day by Governor Vincent Duffy there had been an assault in the prison on September 18.
Mr O'Malley agreed with Mr MacEntee this report was precipitated by the complaint made by Mr Fogarty's mother.
Governor Duffy told the court he was not on duty on September 18 but came back on duty the following day.
He was informed by two other governors of the disturbances the previous day and that as a result 11 prison officers and 11 prisoners were in hospital.
He said he heard Mr Fogarty was in hospital with facial injuries but did not know he had a broken jaw.
He got the impression Mr Fogarty only had some swelling around the face.
Governor Duffy said he did not make any further enquiries about the matter as it was not his responsibility.
He was more worried about a sit-down protest that was taking place in his division of the prison and left it to the other two governors.
Detective Inspector Francis Sweeney said, although the prisoner claimed numerous prison officers assaulted him, an identification parade was only held for the accused.
Det Insp Sweeney told prosecuting counsel Mr George Birmingham SC (with Mr Fergal Foley BL) two informal identification parades were organised to give Mr Fogarty an opportunity to identify the man he claimed had assaulted him.
These were organised when Mr Garvey refused to take part in a formal identification parade on the advice of his solicitor.
One was at the Four Courts when Mr Garvey was expected to turn up for procedures in the High
Court relating to his suspension.
This proved fruitless, as Det Insp Sweeney found out when they arrived that Mr Garvey would not be there that day.
Another informal identification parade was organised outside Portlaoise prison a week later where Mr Fogarty identified Mr Garvey.
Mr MacEntee asked Det Insp Sweeney why none of the other officers involved in moving Mr Fogarty were put on parade.
He said Mr Fogarty had said he knew Mr Finbar Burke, who was supervising his relocation, and he did not assault him.
The other officers involved were in full riot gear with helmets so the gardai did not feel Mr Fogarty would be able to identify them.
He said two independent witness had named Mr Garvey as the man who had assaulted Mr Fogarty and they wanted to see if he could also identify him.
Mr Fogarty had said in his statement to gardai he would be able to recogise the man who had broken his jaw.
The trial continues before Judge Dominic Lynch.
