One of the gardaí accused of assaulting a man on a street in Waterford city has given evidence at Waterford Circuit Court.
Sergeant Alan Kissane is one of three Waterford city-based gardaí, along with Sergeant Martha McEnery and Garda Daniel Hickey, who all deny assaulting 38-year-old Anthony Holness on New Street, Waterford, at around 3am on 29 January 2010 after Mr Holness was seen urinating on the street.
A fourth garda, John Burke, who was operating the CCTV controls in the garda station at the time, denies turning the camera away from the scene for a number of seconds.
Sergeant Kissane told Waterford Circuit Court that he got two radio calls to go to the assistance of Garda Hickey, who was trying to arrest Mr Holness.
He said he was of the understanding that he was going into a violent situation and when he arrived, Mr Holness was on the ground and Garda Hickey was standing over him.
He said he could see that Mr Holness was resisting arrest and he placed his right foot on Mr Holness's wrist to allow him be handcuffed and prevent him getting off the ground as he thought he was trying to lever himself up.
When asked by his defence counsel whether he saw any garda hit or kick Mr Holness at any point, Sergeant Kissane said he did not.
He also said he had placed his foot across the back of Mr Holness' neck to constrain him and when asked if he assaulted him or used unnecessary force, Sergeant Kissane said he did not.
On cross examination, Michael Delaney put it to him that CCTV footage viewed by the jury showed blows being struck after Garda Hickey got Mr Holness in a headlock.
Sergeant Kissane said he did not see any blows as he was getting out of the garda van.
The other three gardaí did not give evidence and the defence case concluded today.
Closing arguments before Judge Leonie Reynolds and the jury are due to begin tomorrow.
