Man who died in custody had earlier claimed Garda brutality

A MAN who died while in custody in Coolock Garda station in 2006 had earlier claimed that gardaí had put his head in a bag, laid him on the floor and “danced” on him, an inquest has heard.

Dublin City Coroner’s Court was told yesterday that Dwayne Foster (24) had made the allegations of brutality to staff at Beaumont Hospital and earlier to senior gardaí at Coolock, but the complaints had not been acted upon.

Foster, Woodbank Avenue, Finglas, who was methadone-dependent, was detained in connection with the death of Donna Cleary, who had been shot at a party in Coolock on March 5th, 2006.

As Foster was being interviewed at Coolock Garda station in relation to the killing, he claimed that discoloration around his eyes was the result of violence on the part of arresting gardaí.

However, Det Sgt Donal Brazil told the solicitor for Foster’s family, Michael Finucane, that no action had been taken on foot of the allegation, nor had he made a special note of it in a “memorandum” associated with the interview. Det Sgt Brazil said he had not believed Foster’s account of how he came to be injured.

Mr Finucane asked if this was not contrary to the law regarding allegations from suspects in custody, but Det Sgt Brazil said it had not been clear whether Foster had been making a formal complaint.

Stephen Byrne, for the Garda, said the law related to injuries received when a suspect was in custody, whereas the evidence was that Foster had said his injuries occurred when he was being arrested, before custody.

Det Garda Denis O’Callaghan said he took Foster to Beaumont Hospital for assessment of his injuries and for advice on administering prescribed medication for his drug dependency. He was present when Foster made the allegations. He also said he saw Foster lift up his jumper to claim he had been hit with a bar but he could not recall if he saw marks.

He said the hospital diagnosed soft tissue damage and offered no objection to Foster getting his medication. Gardaí then brought him back to Coolock.