THE TRIAL of four gardaí accused of beating a young man with batons after breaking into his flat has collapsed at Dublin Circuit Criminal Court. A new trial is not likely to take place before the middle of next year.
Judge Desmond Hogan discharged the jury after hearing submissions from prosecution and defence about “important matters” in the case which arose last Friday. The judge explained these were serious matters which would need to be investigated before the trial proceeded. He added he had made his decision on the principle of fairness to all parties.
Hugh Hartnett, for Garda Seán O’Leary, said the matters raised could show problems in the system of disclosure.
Judge Hogan thanked the jurors for their care and attention and put the matter back in court to fix a new trial date.
Seán O’Leary (34), Eoin Murtagh (30), Alan Conlon (29) and Claire Delaney (25) had pleaded not guilty at Dublin Circuit Criminal Court to forcing entry to a Basin Street Upper premises, entering as trespassers and assaulting Owen Gaffney (21) causing him harm, on February 17th, 2008.
Garda Murtagh, Garda Conlon and Garda Delaney also pleaded not guilty to falsely imprisoning Fidelma Gaffney on the same date.
When the trial opened last Tuesday week, Tom O’Connell, prosecuting, said the case was “about guards behaving unlawfully for reasons which will become apparent in the course of the trial”. He said there had been a history of conflict between a number of gardaí and Mr Gaffney, who lived at the Basin Street flats near St James’s Hospital.
Mr Gaffney’s mother said during the trial that when she opened the door to gardaí, they went to her son’s bedroom, where he was asleep, and that Garda O’Leary hit him with a baton as another garda kicked him.
She claimed an officer pulled her arms behind her back, grabbed her by the throat and forced her into the bathroom, where she was kept for about five minutes. “Another person in the house at the time could hear Mrs Gaffney screaming upstairs and saw guards holding the bathroom door,” Mr O’Connell said.
Mr Gaffney was taken to hospital and treated for a cut lip, a 2cm bruise on his head, a swollen nose which had been bleeding, a laceration to his right upper arm and bruising on his upper body, the court was told.
Mrs Gaffney lodged a complaint with Det Sgt Colette Wheeler, a duty officer in Kilmainham, who revealed there were no planned searches in the Basin Street area that afternoon. The case was passed to the Garda Ombudsman Commission and an investigation was launched.
In cross-examination by Mr Hartnett, Mr Gaffney acknowledged he had a conviction for abusive behaviour after an incident in which a garda’s jaw was fractured. He said he had pleaded guilty because his late father had told him if he pleaded not guilty he would go to prison and his solicitor said if he pleaded guilty he would get probation.
He was given community service but ended up serving time when he failed to do community service.
Mr Hartnett listed a series of incidents in which Mr Gaffney featured, culled from reports from the Garda Pulse computer.
In July 2005, he was reported to be fighting on a street near his home. Mr Gaffney said he was not fighting. He had gone for a few drinks and was in a limousine with some friends when gardaí came and there was “a bit of conflict”. He said he did resist arrest but denied biting any of the gardaí.
In May 2005, he was reported to be abusive to officers, Mr Hartnett said. Mr Gaffney replied: “When they do be abusive to me, I do be abusive to them.”