A garda Inspector denied at the Special Criminal Court yesterday that he assaulted one of five men on trial in connection with the murder of Det Garda Jerry McCabe.
Insp John Courtney denied that he assaulted Mr John Quinn, or that Mr Quinn had been "physically ill treated" by other gardai.
During questioning Mr Quinn threw himself on the floor, pretended to faint, and later cursed and swore at gardai, he told Mr Mr Quinn's counsel, Ms Eilis McDermott SC.
Insp Courtney was giving evidence on the admissibility of statements alleged to have been made by Mr Quinn while in Garda custody.
It was the ninth day of the trial of four men accused of the capital murder of Det Garda McCabe (52), a father of five, during an abortive post office van robbery at Adare, Co Limerick on June 7th, 1996.
A fifth man also denies charges connected with the murder and an attempted post office van robbery.
The four men facing capital murder charges are Mr Pearse McCauley (34), from Strabane, Co Tyrone, with no fixed address, and three Co Limerick men, Mr Jeremiah Sheehy (36), of Abbey Park, Rathkeale, Mr Michael O'Neill (46), of Lisheen Park, Patrickswell, and Mr Kevin Walsh (42), also of Lisheen Park.
Mr O'Neill, Mr Sheehy, Mr McCauley and Mr Walsh plead not guilty to the capital murder of Det Garda McCabe and to the attempted murder of his colleague, Det Garda Ben O'Sullivan, on the same date.
They also deny possession of firearms with intent to endanger life, conspiracy to commit a robbery, possession of a quantity of assorted ammunition with intent to endanger life, unlawful possession of two rifles, a handgun and shotgun at Clonolea, Toomevara, Nenagh, Co Tipperary, and possession of three shotgun cartridges at Clonolea on June 7th, 1996.
Mr Quinn (30), of Faha, Patrickswell, Co Limerick, denies the unlawful possession of ammunition at Patrickswell on June 6th, 1996 and conspiring with others between June 5th and 8th, 1996 to commit a robbery at Adare.
Insp Courtney told prosecuting counsel Mr Edward Comyn SC that he went to an interview room on the night of Sunday, June 9th, with Sgt Tom O'Brien and Det Garda Pat Kelly.
Mr Quinn said: "I am an innocent man. I didn't shoot anybody." He told them that he had back problems and that sometimes his disc would go out and he would have to have traction.
He said he worked on building a bungalow at Mungret in Co Limerick until 5 p.m. on June 6th, but he refused to tell them his movements after that. He then complained about his back, lay on the floor and pretended to faint, the inspector said.
He decided Mr Quinn was "feigning" and he and the other gardai lifted him up and put him back on the chair. "He started to smirk and laugh at us. We lifted him bodily off the floor, the three of us. He started to grin at us and smirk. He was trying to frustrate the investigation."
Insp Courtney said that Mr Quinn refused to answer any questions about his movements or about subversives.
He then flung himself on the floor, lay on his back, and grabbed the leg of a table and a doorstop. "At that stage I knew he was only acting up."
The member in charge was called.
He prepared a note of the interview and when he asked Mr Quinn to sign it, he replied: "Fuck off."
Cross-examined by Ms Mc Dermott, Insp Courtney said there had been "enormous grief" and anger at the murder of Det Garda McCabe.
He said he had no medical training but that he was dealing with a "fit, active, hardy young man who worked on a building site" and it was his opinion that he was feigning.
He agreed that Mr Quinn was later examined by a doctor who recommended that he should be taken to hospital.
Insp Courtney denied that he had assaulted Mr Quinn or that other gardai had assaulted him. He also denied that he saw injuries to Mr Quinn's mouth, jaw, neck, arms or hands and added: "He had no injuries whatsoever."
The trial continues next Tuesday.