A prison officer has been acquitted by a Dublin Circuit Criminal Court jury of breaking the jaw of a prisoner in Mountjoy Jail. Mr Alan Garvey (32), c/o Mountjoy Prison, was released from court by Judge Dominic Lynch yesterday.
The jury of five men and seven women returned a not guilty verdict on two charges of assault causing harm and assault causing serious harm to Mr Colm Fogarty, on September 18th, 1999 at Mountjoy Jail. Mr Garvey had pleaded not guilty.
The jury took 16 hours to reach its verdict on day 26 of the trial. Judge Lynch thanked the jury and excused them from jury duty for life.
During his direct evidence Mr Garvey had said he did not have any contact with Mr Fogarty.
He said he was standing outside the medical unit when a red van drove up. He saw a prisoner being dragged by the ankles from the back of the van by an officer in riot gear and dropped on the ground face first. Four officers in riot gear surrounded the prisoner, one officer kneeling on his back.
The prisoner was then pulled up until he was on his knees. He said he later discovered this prisoner was Mr Fogarty. Mr Garvey said he heard the next day Mr Fogarty was taken to the Mater Hospital with a broken jaw and that he was being named as his assailant.
Mr Finbar Burke, who was supervising the relocation of Mr Fogarty in the aftermath of a riot, earlier identified Mr Garvey to the court as Mr Fogarty's assailant.
He said he appeared from nowhere and kicked Mr Fogarty in the face twice using considerable force as he was being removed in restraints from a transport van.
Mr Burke said Mr Fogarty began bleeding almost immediately. He was taken inside the medical unit by the officers and placed in a padded cell.
Mr Fogarty said in his statement to the gardai he was kicked in the face by an officer in riot gear.
He said his assailant was not wearing a helmet so he was able to look rght into his face and he later identified Mr Garvey outside Portlaoise Prison as the man in riot gear who had broken his jaw. Mr Garvey said he was wearing his prison uniform all day because he was detailed to drive a van used to relocate prisoners.
Mr Fogarty told the court that numerous officers had kicked and punched him but only Mr Garvey was put on an informal identification parade.
Mr Patrick MacEntee SC, for the defence, asked Det Insp Francis Sweeney why none of the other officers involved in moving Mr Fogarty were put on parade. He said Mr Fogarty had said he knew Mr Burke and that he did not assault him.
He said two independent witness had named Mr Garvey as the man who had assaulted Mr Fogarty and they wanted to see if he could also identify him.