A prison officer was today found not guilty on two charges of assaulting a prisoner in Mountjoy Jail.
Mr Alan Garvey (32), was released from court by Dublin Circuit Criminal Court Judge Dominic Lynch.
The jury of five men and seven women returned not guilty verdict on charges of assault causing harm and assault causing serious harm to Mr Colm Fogarty, on September 18th, 1999 at Mountjoy Jail. The majority decision was reached following 16 hours of deliberations.
Mr Garvey had pleaded not guilty at the beginning of the 26-day trial. Judge Lynch thanked the jury for their exceptional attendance and excused them from jury duty for life.
Mr Garvey hugged family, friends after the verdict had been read out.
During his direct evidence Mr Garvey said he did not have any contact with Mr Fogarty.
He said he was standing outside the medical unit when a red van drove up and came to a halt. He saw a prisoner being dragged by the ankles from the back of the van by an officer in riot gear and dropped on the ground face first.
Four officers in riot gear surrounded the prisoner, one officer kneeling on his back. The prisoner was then pulled up by the arms until he was on his knees. Mr Garvey entered the medical unit and saw the prisoner being brought in.
He said he later discovered this prisoner was Mr Fogarty. Mr Garvey said he heard the next day Mr Fogarty was taken to the Mater Hospital with a broken jaw and that he was being named as his assailant.
Mr Finbar Burke, who was supervising the relocation of Mr Fogarty in the aftermath of a riot, had earlier identified Mr Garvey to the court as Mr Fogarty’s assailant.
In his statement to the gardaí, Mr Fogarty said he was kicked in the face by an officer in riot gear. He said his assailant was not wearing a helmet so he was able to look right into his face and he later identified Mr Garvey outside Portlaoise Prison as the man in riot gear who had broken his jaw.