A DOCTOR who examined a man alleged to have been assaulted by gardaí found abrasions on the man’s forehead and nasal area and a bruise on his left bicep, a court has been told.
The evidence was submitted to Waterford Circuit Court on the third day of the trial of gardaí who are charged with offences arising from an alleged assault on Anthony Holness (38) at about 2.30am on January 29th, 2010.
Garda Sgt Alan Kissane, Garda Sgt Martha McEnery and Garda Daniel Hickey deny assaulting Mr Holness, while Garda John Burke denies acting to impede the apprehension or prosecution of another and acting in a manner intended to pervert the course of justice.
The four gardaí are based at Waterford Garda station. The trial follows an investigation by the Garda Síochána Ombudsman Commission on foot of a complaint by Mr Holness.
A report prepared by Dr Marisa Moodley was read to the jury yesterday in which she said she examined Mr Holness on January 30th after he went to Waterford Regional Hospital.
Mr Holness said he had been assaulted by gardaí, saying he was “punched on the face” and that his right wrist was in pain from being handcuffed.
On examination, Dr Moodley found abrasions to the left side of the forehead and on his nasal bridge, redness to his left eye and a bruise on his left bicep. He again attended on February 1st, complaining of “a severe headache” but an emergency CT scan found no abnormality. Mr Holness’s cousin Beryl Hennessy told the court that he called to her house on the evening of the alleged attack. She saw he had two black eyes, bruising to his forehead, that his eyes were bloodshot and one of his arms was swollen.
Garda Sgt Larry Langton gave evidence of recording the complaint from Mr Holness on February 8th, 2010 .
The allegations are that Garda Hickey punched Mr Holness on the head repeatedly after he resisted arrest, Garda Sgt Kissane is alleged to have stood on Mr Holness and Garda McEnery is alleged to have hit him in the head with her fist.
Garda Burke is alleged, while he was directing the CCTV system at Waterford Garda station, to have turned a camera away from the scene for a number of seconds during the alleged assaults.
Much of yesterday’s proceedings were taken up by legal submissions in the absence of the jury. Evidence is expected to resume before Judge Leonie Reynolds tomorrow following further legal submissions today.