THE JURY in the case of four gardaí on trial in Waterford are to resume their deliberations on Monday after finding one garda guilty of assault and another of intending to pervert the course of justice.
The case against Sgt Martha McEnery has been adjourned until Monday after the jury asked for more time to consider the assault charge against her.
Yesterday, Garda Daniel Hickey of Waterford Garda station was convicted by the jury at Waterford Circuit Criminal Court of assault causing harm to Anthony Holness (38) at New Street in Waterford on January 29th, 2010.
Garda John Burke was convicted of separate charges of acting with intent to impede the apprehension or prosecution of another and acting in a manner tending and intended to pervert the course of justice by diverting CCTV cameras from the assault. Another officer, Sgt Alan Kissane, was cleared by the jury of assault causing harm to Mr Holness.
Earlier, Judge Leonie Reynolds told the jury they must treat the cases against each of the defendants separately and consider the evidence against each on its merits.
“Each of the individuals has to be treated separately,” said Judge Reynolds in her charge to the jury when she summarised the 14 days of evidence given by over 20 witnesses in the trial of the four officers who are all stationed at Waterford Garda station.
Judge Reynolds reminded the jury how the injured party, Mr Holness, was caught short after drinking seven to eight pints on a night out in Waterford on January 29th, 2010.
He stopped to urinate on New Street where he was spotted by Garda Hickey who was on patrol with student Garda Aine Mullins.
What followed, however, was the subject of dispute between prosecution and defence with Mr Holness testifying that he was blinded as a result of being pepper-sprayed, incapacitated and subdued as he was being arrested, said Judge Reynolds.
The defendants, Garda Hickey, Sgt Kissane and Sgt McEnery, contradicted this and contended that Mr Holness was flailing around while he was on the ground and refused to make his hand available so that he could be handcuffed, she said.
The jury were shown CCTV footage of Mr Holness being challenged by Garda Hickey and an altercation arising with Mr Holness taking off his jacket and swinging it at Garda Hickey before the officer appeared to punch him a number of times and brought him to the ground with a headlock.
Judge Reynolds reminded the jury that the State alleged that two movements of the CCTV cameras away from the incident was a deliberate diverting by Garda Burke designed to cover up and conceal the treatment of Mr Holness by Garda Hickey, Sgt Kissane and Sgt McEnery as they proceeded to arrest him.
She said the State had alleged that Garda Hickey had repeatedly punched Mr Holness on the head, that Sgt Kissane stood on his hand and on the back of his neck and that Sgt McEnery struck him on the back of his head with her closed fist – all as he lay on the ground after being pepper-sprayed.
And she pointed out both Sgt Kissane and Sgt McEnery had made statements to Garda Síochána Ombudsman investigators in which they said they didn’t believe they had used excessive force in trying to restrain and arrest Mr Holness, who kept one hand under his body and refused to allow himself be handcuffed.
She said Garda Burke had told investigators that the joystick controlling CCTV camera movements was highly sensitive and that he must have accidentally hit against it causing it to swivel away from the arrest of Mr Holness and that he had operated the camera to the best of his ability at all times.
