A JURY in the trial of a garda accused of assaulting a man has heard evidence of “tramline” bruising on the alleged victim’s body which could have been caused by “mild to moderate” blows.
Garda Brendan Whitty (33), 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 has previously stated that Mr Murphy died hours after the alleged assault but that his death was from a drug overdose and unrelated to the garda’s actions.
State Pathologist Prof Marie Cassidy agreed with Shane Costelloe, prosecuting, that along with older injuries she found 11 “tramline” bruises. She said these were distinctive linear bruises with a pale area between them consistent with being struck by something long and narrow.
She said these bruises, which would have been painful, extended into the fat below the skin and in some cases into the muscle. There was no evidence of bone injury and these injuries would not be expected to cause collapse or death.
She agreed that she had examined a garda asp (baton) and said “an asp or something similar could have caused these injuries”. She said there were no internal or head injuries. Samples were taken and upon analysis it was found the deceased had consumed a moderate amount of alcohol as well as heroin and diazepam. She said that together the actions of the drugs and alcohol would have been sufficient to cause death.
She agreed with Hugh Hartnett SC, defending, they were not “significant bruises” and could have been caused by a blow of mild to moderate effect; and that the cause of death was due to recent drug use.