A REPRESENTATIVE of The Police Ombudsman's office and West Tyrone MLA Barry McElduff attended the three day trial of Dominic Darcy(62) of Tattyreagh Road, Omagh who was found guilty of assaulting police, resisting arrest and disorderly behaviour. The defendant who received a broken nose and other facial injuries during the incident will be sentenced on March 20, allowing time for the probation service prepare a pre-sentence report
Resident Magistrate Greg McCourt heard conflicting accounts of the incident from Darcy and his driver Sean O'Neill and eight PSNI officers regarding an altercation on April 11 last year when CS spray was used on the defendant and his sons.
The court heard that a car driven by Sean O'Neill was stopped outside the home of Pearse Darcy, the son of defendant, on the Letfern Road in the early hours of the morning. When the driver O'Neill got out of the vehicle to take a breathalyser test Darcy stepped out of the front passenger side of the vehicle. Thereafter, police and the occupants of the car gave different accounts of what occurred. Cons. Mark Benson told the court that Darcy shouted, "This is harassment of republicans in Tattyreagh" and walked towards Benson and struck him twice in the face. The police officer stated that he took offensive action and punched the defendant and put him in a headlock. According to Cons. Benson a struggle then ensued that necessitated spraying CS gas at Darcy and two of his sons who tried to pull their father away as police attempted to place him under arrest.
Under cross-examination from counsel Ian Turkington, (instructed by Michael Fahy solicitor), Constable Robert McCullagh said the defendant alighted from the car and shouted. He added,"I asked Mr Darcy to calm down but he walked up to Cons. Benson and struck him twice with his fist in the face. Cons. Benson staggered back after being struck and then put up his hands to protect himself. Mr Darcy tried to strike him again and Cons. Benson struck his hand out towards Mr Darcy's head."
The police witness then told of an ensuing struggle which involved four PSNI officers trying to restrain and arrest the defendant. He claimed that when two sons and a daughter of Mr Darcy arrived they tried to pull their father away and Const Benson resorted to the use of the CS spray.
In evidence Darcy claimed that he got out of the car to go into his son's house as he was staying there that night. He added,"Someone shouted at me to get back in the vehicle and I said I was going into the house. Const Benson then told me to get into that f-ing car and I said I was going into the house."
Darcy then alleged that he was pushed into a puddle of water by the officer and as he got up was hit in the face on the right cheek. He stated that Benson continued to punch him and he tried to punch back adding,"I think I hit him on the cheek."
Darcy continued,"I was stunned and lying on the ground trying to get up again and another Const put his foot on my chest to keep me down and gas was sprayed in my face." The defendant stated that he was 'completely blinded' and then dragged into a police car and had his head pushed into the seat with what seemed like a steel object pressed into the back of his neck as he was driven to Omagh police station.
Eight police officers gave evidence that the police car stopped at an area known locally as the Green Spot at a junction of the Tattyreagh-Seskinore Road because Darcy was struggling and kicking in the police car. Cons Benson said he was forced to use CS gas again and two other police officers got in at either side of Darcy in the back seat allowing Benson to travel back in another car as he was exhausted by this stage. Darcy however told the court he had no recollection of the car stopping on the journey back to Omagh. He further claimed he was punched in the face again when the police car arrived at the station in Omagh but police countered that saying Darcy was the aggressor and made abusive remarks towards a female officer, Const Keogh from the Republic of Ireland calling her a 'traitor' and accusing her of taking the 'Queens gold.'
In his summing up defence counsel said, "Const Benson made amendments to his notebook and a deliberate attempt to tamper with his notes in order to curry favour with the court." He also stated that police officers had given three different dates for the debriefing meeting after the incident and that "someone was not telling the truth as there was only one debriefing meeting." He further contended that evidence was given that Sean O'Neill impeded the path of a police office as she attempted to go to the aid of a colleague and that Pearse and Luke Darcy tried to pull their father away from police officers, yet none of the three men were charged with any offence relating to the incident. The defence challenged the police testimony regarding Darcy's strength pointing out that Darcy is 62 years old, five feet five inches tall and just come out of hospital.
Delivering the verdict of guilty on all three counts RM McCourt said, "That while I have concerns regarding inconsistencies in police officer's accounts and mistakes made in their notebooks and regarding the debriefing," he found the defendant 'unpersuasive, evasive and exaggerated.' He added that Darcy's evidence was not consistent with his own witness Mr O'Neill and that the defendant had 'gilded the lily' regarding an object being pushed into the back of his neck during the drive back to Omagh in the police car.
The Magistrate concluded that the suggestion there was a police conspiracy between eight officers 'defied belief.'
