Two gardai on trial for assault have denied beating up two Dublin youths during a struggle to arrest them.
Garda Niall Colleran and Garda Brendan O'Grady both said they were attacked by Mr Eric Donnelly and his brother, Eugene. They rejected the evidence of a couple who said they saw one of the youths being repeatedly punched and kicked by a garda.
Earlier, Judge Dominic Lynch directed that Garda Colleran be found not guilty of assault causing harm on Mr Eric Donnelly.
Garda Colleran (30) of Balliver, Co Meath, and Garda O'Grady, (30) of Swords garda station and originally from Tullamore, Co Offaly, have pleaded not guilty to assault causing harm on Mr Eugene Donnelly at Strand Street, Malahide on June 29th, 1998. Garda O'Grady also denies assault causing harm on Mr Eric Donnelly on the same date.
In his evidence, Garda Colleran told defence counsel Patrick Gageby SC that at 2 p.m. on the night of the alleged assault, he was in a patrol car with Garda O'Grady when he saw three young men and one young women "roaring and shouting" near a crossroads.
Garda O'Grady drove the patrol car near to the three youths and Garda Colleran asked them to keep the noise down because there were people sleeping in the area. One of the men, Mr Eugene Donnelly, told him to f . . . off and mind his own business.
He said Mr Donnelly refused to hand over two cans of beer he was carrying and tried to head butt him. He pushed Mr Donnelly against the patrol car and tried to restrain him. Mr Donnelly was very aggressive and kicked him two or three times in the legs and groin. He was also spitting at him and refused to be handcuffed.
Cross-examined by prosecution counsel, Mr Brendan Grehan SC, Garda O'Grady agreed he had a baton with him at the time but said he did not use it. He denied suggestions that he repeatedly punched Mr Eugene Donnelly in the face and said he only used reasonable force.
Garda Colleran said Mr Eugene Donnelly might have knocked his head as he was being placed in the patrol car. He said he never saw Garda O'Grady repeatedly punch Mr Eric Donnelly, as had been claimed in evidence by two witnesses who were watching from a house across the road.
In his evidence, Garda O'Grady said Mr Eric Donnelly was very drunk and became increasingly aggressive as his brother was being arrested. He said that as he was helping to put Mr Eugene Donnelly in the patrol car, Mr Eric Donnelly grabbed him by the neck.
Garda O'Grady said his own thumb was accidentally broken as he struggled with Mr Eric Donnelly. His hand was in a cast for 30 days.