A garda has denied allegations at the Special Criminal Court that he assaulted Mr Paul Ward, the man accused of murdering the journalist Veronica Guerin, while he was in custody at Lucan Garda station in 1996.
Sgt Cornelius Condon yesterday denied suggestions by Mr Ward's counsel, Mr Barry White, that he had smacked him in the face, held him in an armlock and struggled with him during an interview.
He was giving evidence in a "trial within a trial" to decide on certain legal issues which have been raised by the defence legal team. Mr Ward's lawyers are challenging the legality of his arrest on October 16th, 1996, and are arguing that his constitutional rights were breached because of non-compliance with custody regulations while in Garda custody at Lucan Garda station.
They also claim Mr Ward was deprived of medication prescribed for him by a doctor.
Mr Paul "Hippo" Ward (34), with an address at Walkinstown Road, Dublin, has pleaded not guilty to the murder of Veronica Guerin (36), a mother of one, at Naas Road, Clondalkin, Co Dublin, on June 26th, 1996.
The prosecution has claimed that Mr Ward was a member of the gang which planned and carried out the killing and that he disposed of the murder weapon and the motorcycle.
Sgt Condon said he interviewed Mr Ward on October 18th, 1996, at Lucan Garda station. Cross-examined by Mr White, Sgt Condon denied that he had smacked Mr Ward on his face or that there had been a struggle with Mr Ward and that he had been afraid that Mr Ward would bite him because he was a drug-abuser.
He also denied that he had been sent in to "soften up" Mr Ward or that he had held Mr Ward down in an armlock and that Mr Ward had had difficulty breathing. He did not see a red mark on Mr Ward's neck and denied that the mark was the result of his violence towards Mr Ward.
The court has heard evidence from Dr Lionel Williams that he had seen a clearly visible red mark on Mr Ward's neck when he visited him on the afternoon of October 18th. Mr White said Mr Ward was making no allegation of violence against any other member of the Garda except Sgt Condon.
Re-examined by Mr Peter Charleton, prosecuting, Sgt Condon said that he had known Mr Ward for eight to 10 years before he interviewed him at Lucan. "I wouldn't have thought he was a drug-abuser at that time. In fact I'm pretty sure he wasn't."
Sgt Condon said he became aware during the Guerin murder investigation that Mr Ward was a drug-abuser.
Det Sgt Patrick Lynagh, retired, said he had read a statement by Charles Bowden, who is now under the witness protection programme, before he interviewed Mr Ward on October 17th, 1996.
Det Sgt Lynagh agreed with Mr White that Mr Ward's father, Michael, his mother, Elizabeth, and girlfriend, Ms Vanessa Meehan, were in Garda custody at the time he interviewed Mr Ward.
Mr White said he believed they were being held at different stations throughout Dublin. Sgt Pat Farren, retired, who worked in Lucan in 1996, said Ms Meehan was kept in custody overnight at Lucan after she visited Mr Ward at 10.25 p.m. on October 17th.
Lucan Garda station had three cells which were all occupied on the night of October 17th, 1996. Sgt Farren said Ms Meehan had been in custody in Ballyfermot Garda station and was taken back to Ballyfermot on the morning of October 18th before being released at 6.30 p.m.
When the trial resumed yesterday, Mr White applied for an order directing that Mr Ward's solicitor have access to certain documentation held by the Doyle Group, owners of the Green Isle Hotel. The Doyle Group solicitors had said they would not release the documentation without a court order.
The information referred to staff on duty at the Green Isle Hotel in Clondalkin, Co Dublin, on the night of October 7th-8th, 1996, when Mr Ward was arrested in a bedroom there.
Mr Justice Barr ordered that Mr Ward's solicitor should have access to information about hotel staff and should be able to see the relevant documents, including the hotel register.
The court has been told that Mr Ward was arrested while sleeping at the hotel, and gardai have claimed the arrest was in connection with an armed robbery on the Naas Road earlier that month. Mr Ward's lawyers have argued that the arrest was related to the Guerin murder investigation.
The trial continues on Monday.