The trial of four Waterford gardaí, charged in connection with an incident in which a man was allegedly assaulted, has heard the man had his head punched, kicked and stood upon while he lay on the ground as he was being arrested by three of them.
The trial was also told how a fourth garda, who was manning CCTV cameras in Waterford Garda Station at the time of the incident, twice turned the camera through which the incident was being recorded away from it.
Garda Daniel Hickey, Sgt Alan Kissane and Sgt Martha McEnery, all with addresses at Waterford Garda Station, are each charged with assault causing harm to Anthony Holness of Belvedere Drive, Paddy Browne's Road, Waterford on New Street on 29 January 2010.
The fourth garda, Garda John Burke, also of Waterford Garda Station, is charged with acting with the intention of impeding the apprehension or prosecution of another and acting in a manner tending and intended to pervert the course of justice while working in the communications rooms of Waterford Garda Station on 29 January 2010.
All four have pleaded not guilty to the charges.
Opening the prosecution's case, Michael Delaney SC for the state outlined how on the night of 28 January 2010, Mr Holness had been out socialising in Waterford city and may have consumed quite a number of drinks.
He said that while on his way home, Mr Holness was 'caught short' and urinated against the outside of a building on New Street.
The court heard how Garda Hickey, who had observed Mr Holness from a nearby garda car, approached him. A conversation or interaction took place, and Garda Hickey decided to arrest Mr Holness.
Mr Delaney said that Mr Holness was unhappy and swung his jacket at Garda Hickey, who responded by deploying pepper spray.
Mr Holness tried to run away up New Street, Mr Delaney said, but was pursued by Garda Hickey who continued to use the spray. Mr Holness became incapacitated, Mr Delaney said, and Garda Hickey grabbed him from behind, got him in a headlock and put him on the ground.
The prosecution alleges that Garda Hickey then punched Mr Holness repeatedly in the head as he lay on the street face down.
The court heard how following an earlier call for assistance from Garda Hickey, Sgt Kissane and Sgt McEnery arrived on the scene, while Mr Holness was on the ground allegedly being punched by Garda Hickey.
They assisted in handcuffing Mr Holness, and the prosecution alleges that in the course of this process, all three gardaí assaulted Mr Holness.
The prosecution alleges that Sgt McEnery struck Mr Holness a number of times with a closed fist over the back of the head while he was on the ground.
Garda Hickey, the prosecution alleges, kicked Mr Holness in the head and stamped with his foot on Mr Holness' left arm and shoulder.
It also claims Sgt Kissane initially stood on Mr Holness' right hand and when the handcuffs were on that hand, it is alleged he put his right foot on Mr Holness' head as the other garda gardaí lifted him to release his other arm.
The court was told that at the time of the incident, Garda John Burke was the only person in the communications room at Waterford Garda Station, where public CCTV cameras are controlled from.
The prosecution alleges that having been alerted to the incident, Garda Burke turned camera 19, which had been looking down John Street, so that it was looking along New Street.
This camera, the prosecution claims, captured images of the incident between Garda Hickey and Mr Holness as it developed.
The prosecution alleges that at two crucial times in the course of the alleged assault, in particular after the two sergeants arrived at the scene, the camera turned away from the incident for a number of seconds.
Mr Delaney told the jury that after the second occasion, the camera returned to the scene, but its position was adjusted so that it could only see the upper torso of the gardaí and not Mr Holness, or what was being done to him.
Mr Holness was then taken to Waterford Garda Station where he was charged with two public order offences.
The jury was told how he appeared to have injuries that went beyond pepper spray and the sergeant who charged him was sufficiently concerned that he took photos of Mr Holness before releasing him.
Mr Holness then went home, and later went to see his cousin, who also took pictures of him.
The following day, Mr Delaney said, Mr Holness attended Waterford Regional Hospital, where he was found to have abrasions and swelling to his forehead and around his eyes, abrasions to the bridge of his nose, a bruised bicep and abrasions on his knuckle.
Some days later, Mr Holness returned to the garda station and made a formal complaint about Garda Hickey, which was referred to the Garda Síochána Ombudsman Commission for investigation.
Addressing the jury, Mr Delaney said under the law gardaí are entitled to use force while arresting people, provided they do not use more force than reasonable necessary.
If there is no need for arrest or they use excessive force, they are guilty of committing assault.
Mr Delaney said that thankfully the injuries to Mr Holness were not serious. But he said the jury would have to decide if it was an assault and if harm was caused within the meaning of the law.
In relation to the charges against Garda Burke, Mr Delaney said the focus was not on what Mr Burke achieved when he moved the camera, but what he was seeking to achieve.
