A DUBLIN man who claims he was beaten up by four gardaí in his home has said he cannot explain discrepancies between his evidence and statements he made to the Garda Síochána Ombudsman Commission.
Owen Gaffney (21) alleges Garda Eoin Murtagh hit him on the arm, picked him up with another garda and hit his head off a bedpost and kicked him in the chin as part of an assault involving more than three gardaí in February 2008.
However, he agreed in evidence yesterday that he had not mentioned Garda Murtagh specifically by name in relation to these acts in any of the five statements he made to the commission.
Mr Gaffney of Basin Street Upper Flats, near St James’s Hospital, Dublin, was giving evidence yesterday on the third day of the trial of Garda Murtagh and three other officers charged with his assault causing harm.
Garda Murtagh along with Garda Alan Conlon, Claire Delaney and Seán O’Leary are also charged with forcible entry and trespass at the family home on February 17th, 2008.
Garda Conlon, Delaney and Murtagh are also accused of the false imprisonment of Mr Gaffney’s mother Fidelma in a bathroom of her flat.
The four officers, who were stationed at Kilmainham and Kevin Street Garda stations at the time, deny all of the charges.
Under questioning from Brendan Grehan SC, for Garda Murtagh, the witness initially insisted he had made reference to the garda in some of his statements to the commission.
Judge Hogan adjourned proceedings for more than 20 minutes to allow Mr Gaffney to read his statements but on returning to the witness box he acknowledged he had not mentioned any of the alleged acts by Garda Murtagh in his statements. “I apologise but I could have sworn I mentioned his name in the statements,” he said.
Mr Grehan asked why he had not told the commission about the alleged actions of Garda Murtagh over the past two years.
Mr Gaffney said he was dazed at the time and had gone through “an awful beating”. He could not remember all the names of the gardaí involved.
Mr Grehan pointed out that the witness had not made a statement to the commission until eight days after the incident. The witness said he had been “hospitalised” and was “in bits” after the attack.
Counsel pointed out that Mr Gaffney had been sent home from hospital on the same day. He said evidence would be offered later in the trial that Mr Gaffney had become aggressive and wanted to leave the hospital earlier.
Mr Gaffney agreed that it was only during his evidence on Wednesday that he had specifically included Garda Murtagh in his account of what had happened, adding: “But he did do it”.
Counsel said that in his statement the witness alleged that Garda O’Leary had picked him up and banged him off a bedpost. There was no reference to Garda Murtagh in this respect.
Mr Gaffney insisted the two gardaí were involved in this action, but said he did not know why he had not told this to the commission. “I could have sworn I mentioned it,” he told counsel.
Counsel also pointed out that in evidence, Mr Gaffney had said more than three gardaí were involved in the attack in his bedroom. However, in his statement he referred to “more than two” gardaí.
Mr Gaffney replied that there were more than “two or three” gardaí in his room. He pointed to the three men and one woman in the dock and said “them four gardaí were in me room”.
Mr Grehan asked whether the witness was now including Garda Claire Delaney in his allegation.
Mr Gaffney said he did not know. “She must have been in the room because they all took turns.” He was assuming she was there.
He agreed that he had never mentioned Garda Murtagh in his statements “from end to end”.
