A Garda witness in the trial of seven men suspected of membership of the Continuity IRA yesterday denied kicking and punching one of the accused during his arrest.
The Special Criminal Court heard that Det Garda Gerry Cleary was among a large party of gardaí who arrested seven men at a house in Shanabooley Road, Limerick, in December 2001 at which a suspected meeting of the Continuity IRA was taking place.
The men have pleaded not guilty to a charge that on December 17th, 2001, they were members of the IRA.
Ms Grainne McMorrow SC, for Mr Christopher Dunne, put it to Det Garda Cleary that her client sustained injuries during arrest which were later observed by a doctor at Portlaoise Prison.
"Did you kick Mr Dunne on the side of the head?" she asked.
"I did not My Lords", he replied.
"Or punch him in the mouth?" "I did not My Lords."
Det Garda Cleary added that neither he nor any of his colleagues assaulted the accused.
"How did he get his injuries. Can you explain that?" Ms McMorrow asked.
"I can't explain it, My Lords."
Det Garda Cleary also rejected suggestions he was "covering up" for other officers. "He fell to the ground on a concrete path," he told the court, adding that Mr Dunne fell of his own accord.
The court was shown a video recording of an interview in which Mr Dunne told gardaí his head was "destroyed" because of the alleged kick, but this was not included in the written transcript of the interview.
Ms McMorrow suggested it was deliberately omitted. If Mr Dunne had not been assaulted "would you not have said 'what are you on about, Christy, you weren't kicked in the head'?"
Mr Dunne was examined by a doctor in Henry Street who found no evidence of assault, the detective replied.
The seven accused are Mr Des Long (62), vice-president of Republican Sinn Féin, Shannon Banks, Limerick; Mr Patrick Kenneally (58), Crusheen, Co Clare; Mr Patrick O'Shea (54) Sir Harry's Mall, Limerick; Mr Gerard Brommell (43), Rostura Crescent, Woodview Park, Limerick; Mr Robert McNamara (59), St Michael's Avenue, Tipperary; Mr Joseph Lynch (61), Beechgrove Avenue, Ballinacurra Weston, Limerick, and Mr Christopher Dunne (28), Donnellan Buildings, Rosbrien, Limerick.
The trial continues today.