Gardai say murder accused made no complaint in custody

Garda witnesses told a Special Criminal Court trial yesterday that one of three men accused of murder made no complaints to them…

Garda witnesses told a Special Criminal Court trial yesterday that one of three men accused of murder made no complaints to them during his time in custody.

The three-judge court heard that a doctor examined the man, Mr Patrick McGrath (57), and that he was sent to hospital with prostate problems during his time in custody in connection with the killing of Mr Terry Madden in Sligo last year.

Mr McGrath was arrested on March 5th, 1999, shortly after 9.30 a.m. and taken to Manorhamilton Garda station in Co Leitrim.

That evening he was seen by a doctor and was driven to Sligo General Hospital, where he stayed overnight.

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The following morning, at 9.45 a.m., he was driven back to the Garda station and his Section 30 detention continued.

Garda witnesses said that in his first interviews in custody Mr McGrath did not reply to questions.

A number of times during his detention he asked for and was given tablets he was taking for a medical condition.

Mr McGrath's counsel, Mr John Edwards SC, told the court his client would be complaining that he was in physical discomfort throughout his time in custody.

Garda Oliver Fitzpatrick, who as member-in-charge was one of the officers responsible for Mr McGrath's welfare, told the court: "If he was under stress, I did not see it. He never made any complaint whatsoever".

Detectives who questioned Mr McGrath denied that more questions relating to the case were put to him in custody than were recorded in the memos of the interviews.

It was the eighth day of the trial of three men who deny the murder of Mr Madden (53), a father of three and FAS supervisor, at his home at Monasteraden, Co Sligo, on January 28th last year.

The three are Mr Michael Joseph Herron (31), a native of Belleek, Co Fermanagh, with an address at Chapel Street, Ballyshannon, Co Donegal; Mr Michael Doohan (34), a private in the Defence Forces, of Ashbury Lawn, Ballinode, Co Sligo; and Mr Patrick McGrath (57), a father of 12, of Cuilprughlish, Gurteen, Co Sligo.

Mr Herron also denies having a shotgun with intent to endanger life on January 28th last year. Mr Doohan and Mr McGrath also deny intentionally causing serious harm to Mr Madden at Monasteraden on the same date and Mr McGrath denies having a sawn-off shotgun with intent to enable another person to endanger life.

The court has heard that Mr Madden bled to death after he was shot in the back of both legs outside his home. The second shot to his right leg severed the main artery and vein, and the prosecution has claimed that Mr Herron was the gunman.