Three gardaí are alleged to have assaulted a man seen urinating on the street by punching, kicking and standing on him while a fourth moved a CCTV camera located at the scene, a court has heard.
The four gardaí, all based at Waterford Garda station in Ballybricken in the city, have gone on trial at Waterford Circuit Court in relation to the incidents alleged to have occurred on January 29th 2010 at New Street in Waterford.
Sergeant Alan Kissane, Sergeant Martha McEnery and Garda Daniel Hickey all deny assaulting Anthony Holness (38), causing him harm, while Garda John Burke denies acting with intent to impede the apprehension or prosecution of another and acting in a manner tending and intended to pervert the course of justice.
The trial of the four gardai follows an investigation by the Garda Siochana Ombudsman Commission.
Opening the case today, Michael Delaney SC, prosecuting, said Anthony Holness of 7 Belvedere Drive, Paddy Browne's Road, Waterford, was on his way home from a night out in the city when he was "caught short" and went to urinate at the front door of a premises on the street.
Garda Daniel Hickey arrived at the scene, spoke to Anthony Holness and, as a result, decided to arrest the man. Mr Holness was "clearly unhappy" and swung at the garda with his jacket.
Mr Delaney told the court that Garda Hickey deployed a canister of pepper spray, pursued Mr Holness and bundled him to the ground. "He proceeded to punch him repeatedly into the head as Anthony Holness lay on the street, face down," counsel said.
Sergeant Alan Kissane and Sergeant Martha McEnery got to the scene and Sergeant McEnery "struck Anthony Holness with a closed fist over the back of the head or neck as he lay on the ground, a number of times," Mr Delaney said, while Sergeant Kissane stood on the alleged victim's hand and placed his foot on Mr Holness's head.
Mr Delaney told the court that Garda John Burke was operating the CCTV system which was in use in the city.
He heard a call for assistance from Garda Hickey on the garda radio and operated "camera number 19", on the corner of John Street and New Street.
It captured images of the incident between Garda Hickey and Anthony Holness but "at crucial times in the course of the assault", the camera was turned away form the incident for a number of seconds and was also positioned so Mr Holness couldn't be seen.
In his direct evidence, Anthony Holness said Garda Hickey came up to him as he was urinating on the street and he himself said something like "give me a break, I'm on my way home".
He was pepper-sprayed in the eyes, the witness said, and "blinded" as a result. He was bundled to the ground "forcibly" and handcuffed. He could feel "pressing" and then heard another vehicle arrive. He was then beaten over the head several times, picked up "very roughly" and put "forcibly" into a garda van.
Mr Holness's evidence will continue when the trial resumes before Judge Leonie Reynolds and a jury next Tuesday.