Prison officer urged to give misleading report, court told

A prison officer, who claims he witnessed a colleague breaking a prisoner's jaw, said his supervising officer tried to influence…

A prison officer, who claims he witnessed a colleague breaking a prisoner's jaw, said his supervising officer tried to influence him into giving a misleading statement to the governor.

Mr Barry Hayden, who was part of a "control and restraint" team involved in moving the prisoner in the aftermath of a riot in Mountjoy Jail, told a Dublin Circuit Criminal Court jury he was shown a report by Mr Finbar Burke.

This report said the prisoner and his cellmate were armed before they were relocated and the alleged victim may have been injured while being removed from the cell.

Mr Burke asked Mr Hayden to submit something similar but Mr Hayden did not agree wih this report and decided not to submit something similar.

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Mr Alan Garvey (32), c/o Mountjoy Prison, Dublin, has pleaded not guilty to assault causing harm and assault causing serious harm to a prisoner, Colm Fogarty, on September 18th, 1999.

Mr Hayden earlier told prosecuting counsel Mr George Birmingham SC he usually worked in St Patrick's Institution, located beside Mountjoy. He was sent to Mountjoy to participate in the relocation of prisoners in the aftermath of a riot.

He said his team was told Fogarty and another prisoner were barricaded into a cell. Two "C and R" teams were assembled to remove the prisoners to the medical unit.

As Fogarty had been struggling, he was transported by van and held in special locks by four officers in full riot gear.

Mr Hayden said when the van pulled up to the medical unit Fogarty was pulled out slowly and placed on the ground. He raised up his head to have a look around but was completely under control.

At this point, Mr Hayden said he saw an officer appear from around the front of the van and kick the prisoner twice in the face. He did not know who this officer was.

The prisoner was taken to a padded cell, had his clothing removed and the medical orderlies were asked to check on him.

Mr Hayden admitted to defence counsel Mr Patrick MacEntee SC that he told the gardaí Fogarty's clothes were torn off him, despite his serious facial injuries, but had said in evidence they were cut off.

He said he remembered a few months later the clothes were cut off and what he said to the gardaí was just unfortunate phrasing.

The trial continues before Judge Dominic Lynch.