A GARDA accused of assaulting a man during an arrest has given evidence he did not file a report on the incident until the next day after he had found out the man had died.
Garda Brendan Whitty (29), stationed at Kevin Street Garda station, has pleaded not guilty at Dublin Circuit Criminal Court to assault causing harm to Keith Murphy on Thomas Street, Dublin, on September 20th, 2007.
The trial had previously heard Mr Murphy died hours after the alleged assault, but that his death was from a drug overdose and was unrelated to the garda’s actions.
Garda Whitty gave evidence he did not fill out a report on the use of his baton that day because his shift was finished and he “did not see the urgency in doing it”. The garda denied a suggestion by prosecuting counsel Shane Costelloe that he used “far more force than was required to control the situation” while arresting Mr Murphy.
He told defence counsel Hugh Hartnett he was on foot patrol in the Thomas Street area when he saw two men arguing. He said he went over to take their names and tell them to leave the area, but Mr Murphy became aggressive and shouted: “Who the f*** are you?” He said Mr Murphy pushed him and continued to be “extremely aggressive” and had his hands over his head. He decided to arrest him for a public order offence.
Garda Whitty said he took one of Mr Murphy’s wrists to handcuff him, but Mr Murphy resisted. He said when he called for help on his radio, Mr Murphy said “F*** you, you’re not arresting me”. He said Mr Murphy lunged as if to punch him, so he took out his baton and told him to get back. He said he struck Mr Murphy once, but this just made him angrier.
Garda Whitty said he struck him several more times until Mr Murphy went down on his hunkers. He said he then handcuffed Mr Murphy. He could not recall how many times he hit him.
He told Mr Costelloe he brought Mr Murphy back to the station and charged him with two public order offences. He agreed he did not fill out “a baton report” as required. He said he learned of Mr Murphy’s death the next day and filed a report later in the day.
Evidence has finished in the trial, and the jury will retire to begin deliberations after closing speeches by counsel and Judge Desmond Hogan.