AN EX-GARDA accused two of his former colleagues of violently assaulting a prisoner half an hour before he died while giving evidence at Dublin Coroner’s Court yesterday.
Garreth Mullen accused Sgt Damien Deegan and Garda Colin Hetherington of Tallaght Garda station of launching an unprovoked attack on a prisoner, punching him several times. He also alleged he and his two former colleagues then colluded to cover up the assault.
He was giving evidence at the inquest into the death of Antonio Nunes (38), from the Killinarden Estate in Tallaght, Dublin 24, at Tallaght Garda station on April 20th, 2010. Mr Nunes was found slumped in his cell and did not respond to intensive attempts at resuscitation at the station and at Tallaght Hospital.
He had been arrested outside his home shortly before his death. Witnesses including his mother Mary Nunes said he had spent the afternoon on a green across from the house drinking and “roaring and shouting”. He was sitting on an ESB box and was observed falling over several times by neighbours. He was also involved in an altercation with his brother Alvario Nunes where both men fell over. Mr Nunes co-operated with gardaí and was transported to the station without incident.
The court heard on the night before he died Mr Nunes was involved in an incident where an unidentified man punched him in the face outside the No 79 pub in Ballyfermot.
In his initial statement to the Garda Ombudsman, Mr Mullen made no mention of an assault. Seven months later he changed his statement significantly. He told investigators Mr Nunes was agitated at the station, and Sgt Deegan began to punch him while pushing him into the cell.
He claimed Garda Hetherington joined in, and both punched Mr Nunes three or four times. “I didn’t participate in it and I didn’t attempt to stop it. I suppose I was shocked and it all happened in such a short time frame,” he said.
Afterwards, the three met up to discuss what they should put in their statement to the Garda Ombudsman, he claimed.
Sgt Deegan and Garda Hetherington strongly denied any assault. Sgt Deegan said they used controlled force to place Mr Nunes on the bed, where they held him by the shoulders and hands. He did not accept Mr Mullen’s accusations. “It is absolutely untrue and it wouldn’t have been possible with the way we were holding him down,” he said.
Mr Mullen has since resigned from the force. The Garda Ombudsman revisited the inquiry after Mr Mullen’s fresh statement. A file was prepared for the Director of Public Prosecutions, who directed that no prosecution take place.
Assistant State Pathologist Dr Khalid Jabbar gave cause of death as extensive internal bleeding relating to a laceration of the spleen. Coroner Dr Brian Farrell adjourned the inquest for further hearing on April 4th.