Garda accused of assault at rally

A man taking part in the "Reclaim the Streets" demonstration in Dublin in May 2002 told Dublin Circuit Court yesterday that he…

A man taking part in the "Reclaim the Streets" demonstration in Dublin in May 2002 told Dublin Circuit Court yesterday that he was struck with a baton on the head by a garda and later received eight stitches in St James's Hospital.

Mr Brian Hayden was giving evidence in the trial of Garda Donal Corcoran of Mountjoy Garda station.

Garda Corcoran has pleaded not guilty to three counts of assault causing harm to Mr Oisín Breen, Butterfield Park, Rathfarnham, Ms Katie Crean, New Cabra Road, Dublin 7, and Mr Brian Hayden, Knockmore Grove, Tallaght, on May 6th, 2002.

Insp Majela Ryan of Fitzgibbon Street Garda station said Garda Corcoran was known to him as a garda working in the community unit of Mountjoy Garda station. He said Garda Corcoran was selected due to his ability to interact with local residents and his excellent people skills.

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He told the jury that Garda Corcoran was also a victim support liaison officer and had initiated a support group for asylum-seekers in the local community.

Insp Ryan said that as ethnic liaison officer, Garda Corcoran had gained the trust of the people who attended the group, and had an excellent rapport with them.

Mr Thomas O'Connell SC (with Mr Seán Gillane), prosecuting, told the jury there was a great deal of publicity in relation to this case in the days following the protest. He advised them to put anything they knew of the case from the media behind them.

He said this was an emotive case, and warned the jury not to base its decision on its being in favour of the demonstration or having some hostility towards gardaí.

Mr O'Connell said the jury would hear evidence that the demonstration, described by the organisers as a "street carnival", assembled on Burgh Quay in Dublin city centre. It then made its way up the quays, turning on to Parliament Street towards City Hall.

Mr Hayden, the first witness called, told Mr O'Connell that when he got as far as the Central Bank on Dame Street, his attention was drawn to a man on the ground in the foetal position. The man was surrounded by two or three gardaí and they were "beating him all over with their batons".

Mr Hayden said he tried to intervene and asked the gardaí to stop. He was then hit with a baton in the neck. He moved away and saw other people being hit with batons, and tried to intervene again.

He was hit on the arm by one, or maybe two, gardaí. Mr Hayden said he moved back again but then was dragged by the hood of his sweatshirt and received a blow to the head from a baton. He did not see who hit him.

When asked by Mr O'Connell what he did then, Mr Hayden said he covered his head with his hands and realised he was covered in blood. With his friends' help, he moved towards Parliament Street and then on to Temple Bar, where they asked a senior garda for assistance.

Mr Hayden told the jury the garda ignored their request for help, so they moved on to Christ Church, where they got an ambulance to St James's Hospital.

Asked by Mr O'Connell if at any point he was arrested or charged because of his participation in the demonstration, he replied he had not.

Mr Hayden identified himself in video footage of the incident shown to the jury in which a garda wearing a blue shirt appeared in the foreground and then appeared to move into the background towards the witness.

Mr Hayden was then seen to be pulled back from the crowd by this garda. He told the jury he could see this garda then hit him over the head with a baton, just before the shot went out of the frame.

Mr Patrick J. McCarthy SC, defence counsel, suggested to Mr Hayden that the video showed him jumping on top of the gardaí. Mr Hayden rejected this and said he could have been jumping back in self-defence.

Mr McCarthy said he had been instructed by his client that it was believed Mr Hayden physically intervened and was aggressive towards gardaí, but Mr Hayden denied this.

Mr McCarthy put it to Mr Hayden that he did not simply ask gardaí to stop, but rather he roared, "Stop, you f . . . ing bastards". Mr Hayden said: "It is possible. I was very agitated by the situation. I can not recall exactly what I said."

Mr McCarthy referred Mr Hayden to the frame just before he was hit over the head, which showed him stretching out his hand, and asked him why his hand was outstretched.

Mr Hayden said it was in self-defence and pointed out a garda in the frame who was swinging a baton. Mr McCarthy suggested that this garda's attention was not directed towards the witness but another person who could not be seen in the frame.

Mr Hayden said he was trying to stop this garda from hitting the other person. He rejected a further suggestion by counsel that another frame showed his hand clenched into a fist.

The trial continues before Judge Yvonne Murphy and a jury of four women and eight men.