A GARDA who arrested murder suspect Dwayne Foster, who subsequently died in custody, told a coroner’s court yesterday why he believed the 24-year-old had to be restrained and handcuffed when he was taken into custody.
Garda Martin Mulligan was giving evidence at the inquest into the death of Foster, of Woodbank Avenue, Finglas, Dublin, on March 7th, 2006, after he was found unresponsive in his cell at Coolock Garda station. Foster and two others were being held at the time in connection with the fatal shooting of Donna Cleary. The 22-year-old mother of one was killed when a gunman opened fire on a house on Adare Green, Coolock, where she was attending a 40th birthday party, in the early hours of March 5th, 2006.
The inquest has already heard that a postmortem by Deputy State Pathologist Dr Michael Curtis found Foster died from methadone intoxication.
Dr Curtis found 34 injuries on Foster’s body caused by blunt force trauma, which did not cause or contribute to death. Foster may have sustained some of the injuries while he was being subdued by gardaí in the course of his arrest at Thornton Lodge, the Curragh, Co Kildare, the inquest has heard.
Foster was arrested at the house along with two other suspects, Wayne Hart and Jeffrey Finnegan, on the same day as Ms Cleary’s death.
Garda Mulligan, who arrested Foster, told the inquest he was conscious at all times that the three suspects might have been in possession of a firearm and gardaí had to secure them immediately.
Garda Mulligan had been detailed to assist the Garda team investigating the unlawful possession of a firearm at Adare Green on March 5th and the circumstances of the fatal shooting of Ms Cleary. Gardaí had a search warrant to search Thornton Lodge in relation to a firearm, he said.
The garda told Dublin City Coroner’s Court he was outside the house when the first group of gardaí entered Thornton Lodge shouting “armed gardaí”.
Garda Mulligan then entered the house and assisted in restraining Hart. Foster, who struggled and resisted attempts by gardaí to subdue him, was restrained by three gardaí and handcuffed, he told the court.
Det Garda Joseph Enright, who assisted two gardaí in getting Foster to the ground by pulling his legs out, told the inquest that his concentration and focus was on securing Foster.
“I was conscious we were searching for a firearm and the firearm had not been recovered,” said Det Garda Enright. All the force used was reasonable and necessary, the gardaí told the inquest.
Questioned by solicitor for the Foster family Michael Finucane in relation to three gardaí restraining Mr Foster, Det Garda Enright said “size and weight does not affect their ability to pull the trigger of a firearm.”
Mr Finucane put it to Det Garda Enright that Mr Foster had sustained painful injuries during the arrest.
The detective said Foster wasn’t screaming, “Stop, stop, you’re hurting me. He did not appear to be a man in pain.”
The house was searched and Garda Mulligan arrested Foster and took him to a Garda car in which he was transported to Coolock Garda station. Hart and the third suspect, Jeffrey Finnegan were also arrested.
Foster explained to the Garda member in charge that he suffered from throat cancer and was receiving medical treatment.
Foster was searched, his clothes and shoes were seized and he received a forensic suit to wear.
He saw his solicitor who outlined a number of complaints made by Foster to have noted in the custody record.
Foster also requested to see a doctor.
The inquest continues today.