The man accused of murdering the journalist Veronica Guerin said in the Special Criminal Court yesterday that he was assaulted by a garda during questioning at Lucan Garda station. Mr Paul "Hippo" Ward (34) said he was smacked across the face and one garda held him around the neck while another held his arm.
Mr Ward also said he was not given a heroin substitute which was left for him by a doctor until two days after his arrest. He was giving evidence in a "trial within a trial" to decide on legal issues raised by his lawyers. They are challenging the legality of his arrest on October 16th, 1996, and are arguing that his constitutional rights were breached because of non-compliance with custody regulations while in custody at Lucan Garda station.
The defence has also claimed Mr Ward was deprived of prescribed medication.
Mr Ward, with an address at Walkinstown Road, Dublin, has pleaded not guilty to the murder of Veronica Guerin (36), at the Naas Road, Clondalkin, Co Dublin, on June 26th, 1996. The prosecution has claimed Mr Ward was a member of the gang which planned and carried out the killing and that he disposed of the murder weapon and a motorcycle.
Mr Ward told his counsel, Mr Barry White SC, that he and a brother booked into the Green Isle Hotel in Clondalkin on October 7th, 1996. He was sound asleep when he was struck on the face, "not very hard but enough to stun" him. He saw a plainclothes garda and a uniformed garda with a gun.
He was told he was being arrested for firearms offences on the Naas Road in June 1996, and was handcuffed and taken in a Jeep to Ronanstown Garda station. His mobile phone, battery-charger and £500 were taken from him.
He was put in a cell and a short time later was told he was being released and was given back his phone, charger and money.
On October 16th, 1996, he said, he was in a car with a man who was going to take him to Tallaght when an unmarked Garda car arrived. At least four other Garda cars arrived and he was arrested under Section 30 of the Offences Against the State Act for firearms offences at the Naas Road on June 26th, 1996.
He was taken to Lucan Garda station and he asked for a doctor and a solicitor. He said he took drugs, heroin, methadone or phiseptone. He told a doctor he needed phiseptone and he thought the doctor would come back to him. Mr Ward said he did not get any phiseptone until he was given it by Dr Lionel Williams on the afternoon of October 18th.
On the morning of October 18th he was questioned by Sgt Cornelius Condon whom he had known since he was "a young fellow". "I thought he was civilised at the beginning. All of a sudden he gave me a smack across the left-hand side of my face. I jumped up. My hands were in my pockets. I got into a struggle with Mr Condon and the other detective," he said. I thought he was trying to bite them. He said Sergeant Condon had him by the head and the other garda held his left arm. He said he ended up bent over the table and Sergeant Condon had him by the neck. Mr Ward He said he couldn't breathe and was trying to catch his breath and the other garda told him to relax and to count to five and they would let him up. He did so and was let up and the interview continued. He said His mother noticed a red mark on his neck when she visited him later that day. Asked how he got the mark, Mr Ward said it was from Sgt Condon "throttling" him.
Later that day he was taken to the general office and told he was being released. When he got to the gate he was told he was being arrested for drugs offences and was brought back into the station.
Cross-examined by Mr Peter Charleton SC, prosecuting, Mr Ward said he was a drug addict. He denied a suggestion by Mr Charleton that he said "whatever suited the moment".
He said he had a feeling that if he asked i for phiseptone he would have been refused. Asked if he thought he was unfit for interview, he said: "I am saying I wasn't well.
Whether I was fit or unfit I don't know, I can't answer." He told Mr Charleton: "I was going through withdrawals and wasn't well."
He had not complained to the gardai about being assaulted. "I refused to speak to the police because the police were the ones that assaulted me."
Mr Justice Barr rejected a submission by Mr Patrick MacEntee, defending, to hear evidence from Mrs Elizabeth Ward. Mr MacEntee said Mr and Mrs Ward, in their 70s, were subjected to "gratuitous degradation" and "quite unnecessary indignities" as part of a scheme to bring pressure on their son while he was detained.
Mr Justice Barr said 99 per cent of Mrs Ward's evidence was irrelevant apart from the evidence about the mark to her son's neck.
The court will hear legal submissions from prosecuting and defence lawyers today.