AN OPEN verdict was returned at the inquest into the death of Antonio Nunes, whose death figured in allegations by a former garda that two Garda colleagues had beaten him in his cell.
Mr Nunes (38), from the Killinarden in Tallaght, Dublin, died on April 20th, 2010 having been found slumped in his cell at Tallaght Garda station.
Dublin Coroner’s Court heard former force member Garreth Mullen allege that Sgt Damien Deegan and Garda Colin Hetherington had launched an unprovoked assault on Mr Nunes as he was being placed in his cell. His evidence was challenged by both Sgt Deegan and Garda Hetherington, who strenuously denied any assault had taken place.
At yesterday’s sitting the jury was shown CCTV footage of Sgt Deegan and Garda Hetherington forcing him into the cell. This was earlier described as a “controlled” action by Sgt Deegan. Over the next 34 seconds both Sgt Deegan and Mr Mullen are seen leaving items outside the cell. The three men then close the cell door and leave. Sgt Deegan is seen checking on Mr Nunes 15 minutes later, as regulations require. He is checked again 24 minutes later, at which point it is clear he is in trouble.
The matter was the subject of an investigation by the Garda Ombudsman Commission. Inspector Garrett Croke said that Mr Mullen was being served with papers of “dismissal or resignation” when he made the allegations seven months after the incident.
Mr Mullen had also alleged that the three men had colluded on their statements to the ombudsman commission following the incident and a search was carried out at Tallaght Garda station in this regard. The evidence was included with a file that was sent to the Director of Public Prosecutions, who directed that no prosecution take place.
The court had earlier heard from Deputy State Pathologist Dr Khalid Jabbar that Mr Nunes had died as a result of a laceration to his spleen, but could not pinpoint what caused the damage. As well as the alleged assault, the court heard that Mr Nunes had been punched in the head on the night before he died, had fallen from a low height at least twice on the day of his death and had also been involved in an altercation with his brother where he fell.
While examining Insp Croke, coroner Dr Brian Farrell asked whether the ombudsman has ever considered installing CCTV footage in cells. The jury made a recommendation that CCTV be installed in all custody cells.