Gaffney tells court he had never been violent to gardaí

THE YOUNG Dublin man accusing four gardaí of assault has denied he lashed out at them and said he was never violent to any officer in his life.

Owen Gaffney (21) admitted he was “no angel” growing up but said the only time he became abusive to gardaí was when they were abusive to him first.

Mr Gaffney has 27 convictions and has served three months in jail, Dublin Circuit Criminal Court heard yesterday.

Mr Gaffney claimed gardaí were always abusive to him because they did not like his father, who had since died. One of the gardaí, Garda Seán O’Leary, had “battered” him loads of times since he was 16, he said.

He estimated he had been in court about 10 times and served three months in prison after failing to do community service imposed for one offence.

Mr Gaffney said he was not a person who would be violent to others. He said he was never violent towards gardaí in his life. It was the gardaí – some gardaí – who were violent toward him.

Hugh Hartnett SC, for Garda O’Leary, listed three convictions Mr Gaffney received in the Children’s Court in 2006, for entering a building with intent, not having a driving licence and insurance, and for possession of a knife.

Mr Gaffney acknowledged he had a conviction for abusive behaviour after an incident in which a garda had his jaw fractured. “I didn’t do that. I got convicted for that but I didn’t do that,” he said. “What about me being left in hospital with those gardaí there?” he added, pointing to the dock.

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 said he was given community service but ended up serving time when he failed to do community service.

Mr Hartnett put it to him that he had been sitting on his bed when Garda O’Leary entered the room, that he jumped up, threatened to kill the gardaí and started lashing out violently in a struggle that had several officers on the ground with him. Mr Gaffney denied this. Pointing again at the gardaí on trial, he said: “I’ve told the whole truth and nothing but the truth. They’re the ones what’s lying”.

Asked about a conviction for trespass, he said he was never in anyone’s premises. He was arrested while “cutting through” a school.

Mr Hartnett then went through a series of incidents in which Mr Gaffney featured, culled from reports from the Garda Pulse computer. In July 2005, he said the witness 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, counsel said.

Mr Gaffney replied: “When they do be abusive to me, I do be abusive to them”.

He denied being drunk and trying to kick, spit at or punch gardaí in another incident in March 2006. He said the gardaí were kicking and punching another person on the ground and he had told them to stop, but ended up being arrested.

Mr Gaffney said he had not worked since leaving school at 16, apart from spending six months on a Fás course.

The trial continues today before Judge Desmond Hogan.