THREE GARDAÍ are alleged to have assaulted a man seen urinating on the street by punching, kicking and standing on him while a fourth moved a CCTV camera located at the scene, a court has heard.
The four gardaí, all based at Waterford Garda station in Ballybricken in the city, have gone on trial at Waterford Circuit Court in relation to the incidents alleged to have occurred on January 29th, 2010, at New Street in Waterford.
Sgt Alan Kissane, Sgt Martha McEnery and Garda Daniel Hickey all deny assaulting Anthony Holness (38), causing him harm, while Garda John Burke denies 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.
The trial of the four gardaí follows an investigation by the Garda Síochána Ombudsman Commission.
Opening the case yesterday, Michael Delaney SC, prosecuting, said Anthony Holness of Belvedere Drive, Paddy Browne’s Road, Waterford, was on his way home from a night out in the city when he was “caught short” and went to urinate at the front door of a premises on the street.
Garda Daniel Hickey arrived at the scene and spoke to Mr Holness and, as a result, decided to arrest him. Mr Holness was “clearly unhappy”, and swung at the garda with his jacket.
Mr Delaney told the court Garda Hickey deployed a canister of pepper spray, pursued Mr Holness and bundled him to the ground.
“He proceeded to punch him repeatedly into the head as Anthony Holness lay on the street, face down,” counsel said.
Sgt Alan Kissane and Sgt Martha McEnery got to the scene and Sgt McEnery “struck Anthony Holness with a closed fist over the back of the head or neck as he lay on the ground, a number of times”, Mr Delaney said, while Sgt Kissane stood on the alleged victim’s hand and placed his foot on Mr Holness’s head.
Mr Delaney told the court Garda John Burke was operating the CCTV system which was in use in the city.
He heard a call for assistance from Garda Hickey on the Garda radio and operated “camera number 19”, on the corner of John Street and New Street.
This captured images of the incident between Garda Hickey and Anthony Holness, but “at crucial times in the course of the assault” the camera was turned away from the incident for a number of seconds, and was also positioned so Mr Holness could not be seen.
In his direct evidence, Mr Holness said Garda Hickey came up to him as he was urinating on the street. He had said to the garda something like: “Give me a break, I’m on my way home.”
He was pepper sprayed in the eyes, the witness said, and “blinded” as a result.
He was bundled to the ground “forcibly”, and handcuffed. He could feel “pressing”, and then heard another vehicle arrive.
He was then beaten over the head several times, picked up “very roughly” and put “forcibly” into a Garda van.
Mr Holness’s evidence will continue when the trial resumes before Judge Leonie Reynolds and a jury next Tuesday.