The first garda to go on trial over the events at last year's Reclaim the Streets rally in Dublin was yesterday cleared of assault when a judge said there was "gross uncertainty" in his accuser's evidence.
Garda Keith Goff, stationed at Mountjoy in Dublin, had no case to answer after Judge Cormac Dunne found the evidence of Mr Brian Hayden, a film student, could not be relied upon.
Dublin District Court heard how Mr Hayden's evidence was built around video footage shot by the anti-globalisation organisation Indymedia.
Based on this material shown to him two months after the rally, he identified Garda Goff as the officer who struck him first on the neck and then on the arm.
He made a statement to the Garda Complaints Board and Garda Goff was later charged. But earlier this month, Mr Hayden was asked to look at additional video footage, including some shot from the Garda helicopter, and he withdrew part of his original statement saying he was "98 per cent sure" that it was Garda Goff who struck him on the neck. It had in fact been another officer.
The tape, which had been slowed down using specialist video equipment, showed Garda Goff striking out with his baton and hitting someone else. Mr Hayden said the blows he received occurred before the section of tape which was played to the court.
Yesterday, he told the court that played at normal speed "it would appear to be him \ hitting me". He again insisted he had been struck by Garda Goff and said the video did not show clearly him being hit. He also said he had been reluctant to agree to counsel's question the previous day in advance of seeing the video. "I did not need to see the tape to tell me what happened."
The court heard yesterday that retired assistant Garda commissioner Mr Jim McHugh was appointed by the Garda Complaints Board to investigate complaints arising out of the May Day incidents.
In a statement given by Garda Goff as part of that investigation, he said that early on in the protest gardaí had been attacked by a section of the protesters who had their faces covered. A group of around 40 dressed like this confronted a line of officers at one stage, calling them scumbags and pigs and throwing bottles and beer cans.
Later, Garda Goff was called to assist colleagues in Dame Street and when he arrived he found protesters had blocked the street at College Green. Officers were arresting people and they were also using their batons to protect themselves.
Garda Goff said he noticed a man who was "a criminal type and not a protester" among a group who were being aggressive and he drew his baton to protect himself and other colleagues who were being surrounded on their own by sections of the crowd.
He used his baton on two or three occasions to protect himself and also received a blow to his own hand. The crowd eventually dispersed into Temple Bar.
Judge Dunne said it was clear that Mr Hayden had been assaulted at least three times, possibly a fourth and even a fifth time when a senior officer was alleged to have kicked him in the legs when he went to complain while still on Dame Street.
Mr Hayden had also said that around the time of the alleged assault there was "madness and mayhem" around him.
"In that context, the court would hold his evidence to be unreliable though not in the character sense.
"There is a gross uncertainty in his evidence and while it is certain he was struck, the court can only come to the conclusion that the accused was not the perpetrator."