Murder trial told accused made no complaints while in custody

A man accused of murdering another man in a dispute over drugs made no complaint about his treatment during his time in Garda…

A man accused of murdering another man in a dispute over drugs made no complaint about his treatment during his time in Garda custody, a murder trial has been told.

Sgt Angela Bates told the jury at the Central Criminal Court that the accused made no complaint to her during her period as member-in-charge at Fitzgibbon Street Garda Station, in Dublin, on December 22nd, 1996.

Mr Joseph Delaney (53), of La Rochelle, Naas, Co Kildare, has pleaded not guilty to the murder of Mark Dwyer (23), on or about December 14th, 1996, within the State. His son, Scott Delaney, has already been convicted of the murder.

Mr Delaney has also pleaded not guilty to a second count that on December 14th, 1996, at Foster Terrace, Ballybough, Dublin, he falsely imprisoned Mr Dwyer.

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The prosecution has alleged that Mr Delaney either shot Mr Dwyer or ordered it to be done in a dispute about the cost of drugs.

When the trial resumed before the jury yesterday after six days of legal argument, Sgt Bates said she was the member-in-charge at Fitzgibbon Street Garda Station on December 22nd, 1996, when Mr Delaney was brought in by other gardai who said he had been arrested under Section 30 of the Offences Against the State Act.

Asked by Mr Tom O'Connell, prosecuting, if any complaint was made by Mr Delaney about his treatment in custody, she replied: "There was no complaint made to me from Mr Delaney at any stage. Any time he wanted a cigarette or cup of coffee it was given to him."

Sgt Bates said Mr Delaney had received a visit from him sister and sister-in-law and neither of them had complained to her.

She said Mr Delaney's solicitor Mr Jim Orange, had also visited him and had made no complaint. He did not even ask to see her while he was in the Garda station.

Sgt Bates said that normally if there was a problem the solicitor would ask to speak to the member-in-charge.

The trial before Mr Justice Barr and the jury continues today.