A young Mayo student accused of assaulting a garda has denied the charge, claiming it was he who was attacked and left fearing for his life during a series of blows and punches which were rained down on him by the arresting officers.
Gardaí told the Galway District Court during a hearing on Monday how John McDaid had attempted to stop the arrest of his best friend and had resisted his own arrest by struggling. The violent behaviour continued at Galway Garda Station where, during a failed attempt to headbutt a garda, he fell face first on the ground resulting in a cut to the lip, and had spat blood at gardaí. However, the garda evidence was denied by the 22-year-old who, through his counsel, claimed that it was the gardaí who assaulted him in a series of attacks which resulted in injuries to his eye, cheek, and ribs, as well as bruising to the arms and marks on the neck.
McDaid, of Treenagleragh, Kiltimagh, Co Mayo, pleaded guilty to obstruction at Eyre Square on September 15, 2009, but denied the charges of being intoxicated, using threatening and abusive behaviour, and of assaulting Garda Brian Meaney at Galway Garda Station.
Garda Brian Meaney gave evidence that at 2.20am an altercation—not involving the defendant —had taken place outside Cuba nightclub and that when it broke up one male was seen walking away. Garda Meaney said that when he attempted to stop this individual McDaid intervened, struck Garda Meaney on the arm, and told the other male to run. He said that McDaid then tried to strike him with his fist a number of times before a struggle ensued and they both fell to the ground. The court heard that while on the ground the accused tried to headbutt Garda Meaney and shouted a number of threats. Garda John White then came to assist his colleague and they succeeded in handcuffing McDaid who continued to be extremely aggressive and violent and was placed in the back of the patrol van.
At Galway Garda Station McDaid tried to kick out at the two garda officers when the back doors of the van were opened. As McDaid was being escorted through the cell area doors he turned and tried to headbutt Garda Meaney again, however, he missed and he slipped before “falling face first on the ground”. Blood had filled McDaid’s mouth from a cut to a lip sustained in the fall and Garda Meaney said that the accused tried to spit the blood in his face.
Mr O’Donnell handed in a number of photos to the court which had been taken by McDaid’s friend following his release from the station later that morning. He pointed out that the photos show his client with a black eye, a swollen right cheek, as well as a number of bruises to the arms, and asked Garda Meaney how these injuries occurred. Garda Meaney replied that the other injuries could have been sustained during the earlier struggle on the ground in Eyre Square.
Mr O’Donnell then said that when his client was taken out of the van he had been attacked by Garda Meaney and Garda White to such an extent that he lost consciousness. Garda Meaney replied that this was incorrect. Garda White also denied that he or Garda Meaney hit or attacked McDaid in any way, adding that the accused was only restrained because he was so violent.
When he took the stand McDaid admitted that he had tried to free his friend in Eyre Square but denied ever trying to punch Garda Meaney. He then said that when he was taken out of the van the garda officers “started hitting and kicking me”. “I fell on my back, I was on my arms. Garda Meaney got on top of me while the other kicked me in the ribs. Garda White pushed his foot down on my windpipe and I couldn’t breath and I passed out... It was pretty much a nightmare for me, I was scared for my life to be honest,” said McDaid, who added that he only had four drinks that night.
When Inspector Sean Glynn put it to him that he made no complaint of such assaults to gardai when being discharged McDaid replied: “I was disgusted, I lost faith in the gardaí, I was absolutely terrified. I went to the doctor that morning”.
After hearing the evidence Judge Mary Fahy requested a copy of the medical report and adjourned the matter until November 29 in order to consider the case further.
