THE ALLEGED victim of a garda beating had about 30 previous convictions including a four-year jail term for grievous bodily harm, a Dublin Circuit Criminal Court jury has heard.
The trial of Garda Brendan Whitty, who is accused of beating the man with his baton, heard that the alleged victim threatened to follow the garda home and “smash him up”.
Garda Whitty (33), of Kevin Street Garda station, has pleaded not guilty to assault causing harm to Keith Murphy on Thomas Street, Dublin, on September 20th, 2007.
The prosecution had previously stated that Mr Murphy died hours after the beating but that his death was from a drug overdose and unrelated to the garda’s actions.
Gerard McDonnell, of the Garda Síochána Ombudsman Commission, told Hugh Hartnett SC, defending, that Mr Murphy (35) had about 30 previous convictions in both Ireland and the UK.
He said the convictions ranged from minor public-order matters to assaults and robberies and that they were accrued from 1993 until several months before his death.
Mr McDonnell said the most serious conviction dated from 1994, when Mr Murphy was sentenced to four years in prison for “inflicting grievous bodily harm”.
The trial also heard evidence from Garda Fiona Morrison, who was on duty at Kevin Street station when Garda Whitty brought in Mr Murphy following the alleged assault.
She said she noted that Mr Murphy was shouting, being uncooperative and threatening Garda Whitty that he would “have his job”. She also noted he appeared to be drunk.
She said Mr Murphy was put in a cell but remained aggressive. She said when she went to check on him he said he would follow Garda Whitty home and “smash him up”.
She also said when the prisoner was released a short time later he demanded to see CCTV footage of the incident.
Shane Costelloe, prosecuting, read a transcript of Garda Whitty’s voluntary statement about the incident to the jury.
In his statement, made to Garda ombudsman investigators, Garda Whitty said he was on foot patrol when he saw Mr Murphy and another man arguing. He said he was worried a fight would break out so he went over to talk to the men.
He stated that Mr Murphy began to shout abuse at him saying: “Who the f*** do you think you are?”. He said when he told Mr Murphy to relax he replied: “F*** you. You relax.”
Garda Whitty said he then went to arrest him but Mr Murphy resisted and would not let himself be handcuffed. He said Mr Murphy lunged at him with a closed fist.
The garda said he was in fear because the man was physically bigger than him and very agitated. He said he stood back, took out his baton and hit Mr Murphy around the legs and arms several times.
The trial continues.