A garda told the Special Criminal Court yesterday that a Limerick man accused in connection with the murder of Det Garda Jerry McCabe was "shivering, shaking and gasping for breath" when he was taken by ambulance from a Garda station to hospital.
Sgt John Kelly said he saw ambulance crew fit an oxygen mask to Mr John Quinn and when the ambulance arrived at Limerick Regional Hospital his difficulties appeared to have ceased.
The court has been told that Mr Quinn was taken to hospital four times during his detention at Henry Street Garda station after the shooting of Det Garda McCabe (52) in June 1996. Mr Quinn's counsel, Ms Eilis McDermott QC, has alleged her client was physically ill-treated by gardai while in custody.
Sgt Kelly said that after Mr Quinn was taken back to Henry Street Garda station, he walked into the station unassisted without any difficulty. He was giving evidence in a "trial within a trial" to decide on the admissibility of alleged statements made by Mr Quinn.
It was the 13th day of the trial of four men accused of the capital murder of Det Garda McCabe during an abortive post office van robbery at Adare, Co Limerick, on June 7th, 1996. The charge carries a mandatory sentence of 40 years' imprisonment on conviction. A fifth man also denies charges connected with the murder and attempted robbery.
The four men facing capital murder charges are Mr Pearse McCauley (34), from Strabane, Co Tyrone, with no fixed address, and three Co Limerick men, Mr Jeremiah Sheehy (36), of Abbey Park, Rathkeale; Mr Michael O'Neill (46), of Lisheen Park, Patrickswell; and Mr Kevin Walsh (42), also of Lisheen Park.
They have pleaded not guilty to the capital murder of Det Garda McCabe in Adare on June 7th, 1996, and to the attempted murder of Det Garda Ben O'Sullivan on the same date. They also deny the possession of firearms with intent to endanger life at Adare on June 7th, 1996; conspiracy to commit a robbery in Adare between June 5th and 8th, 1996; and possession of a quantity of ammunition with intent to endanger life at Adare on June 7th, 1996.
They also deny the unlawful possession of two rifles, a handgun and shotgun at Clonolea, Toomevara, Nenagh, Co Tipperary, on June 7th, 1996, and to possession of three shotgun cartridges at Clonolea on the same date.
Mr John Quinn (31), of Faha, Patrickswell, denies having ammunition at Patrickswell on June 6th, 1996, and to conspiring with others between June 5th and June 8th, 1996, to commit a robbery at Adare.
Det Garda Arthur Ryan said when Mr Quinn was taken to the hospital on June 11th the doctor who examined him told him he was discharging him. He said Mr Quinn refused to get off the hospital trolley and he and Garda Paul Madden lifted him off and placed him in a Garda car.
When the car returned to Henry Street station, Mr Quinn again refused to get out and had to be lifted out and brought to the cells.
Ms Sally Duggan, an emergency medical technician with the Mid-Western Health Board, said she saw Mr Quinn in Henry Street station on June 10th. She saw no reason for any "traumatic injuries" and Mr Quinn did not communicate with the ambulance crew.
She said she noticed a bloodstain on his lip when he was in the cells area but in the ambulance it had gone. In the ambulance Mr Quinn was conscious but would not talk.