Bald witness tells hairy tale in court
A Garda disputed that a so-called witness to a crime, which took place in the city last year, was actually the person he saw at the scene, Galway District Court has heard.
Garda Michael O’Malley described the person as young with a full head of hair, but the man who gave evidence on behalf of the defendant was bald.
Judge Mary Fahy was not convinced that he was a reliable witness for the defendant, Brian Hayden (37), of Baranna, Annaghdown.
He had pleaded not guilty to threatening and abusive behaviour in public at Bridge Street on September 21 last year.
The Garda had received information that an altercation was taking place on Dominick Street in the early hours of that morning. As he made his way to the scene, Hayden came running towards him and almost knocked him down. He got into an occupied taxi that was heading towards Bridge Street, but it had only gone on a short distance when the Garda stopped it.
He said that Hayden refused to give his details, and became very difficult.
“I was afraid that a situation would occur, his aggression was at such a high level as I attempted to get details from him,” the Garda said.
“He was intoxicated, a danger to himself and others, and wouldn’t calm down. He left me with no alternative but to arrest him. He still continued to be uncooperative. I couldn’t wait for the patrol van, so I walked him back to the station.
“He was shouting at me that he was not involved in anything, he told me to f**k off numerous times when I asked him his name. I would have been happy to take his details and for him to go, but he was so aggressive that I had no alternative but to arrest him.”
He told solicitor for Hayden, Olivia Traynor, that the passenger in the taxi was a young male, although the vehicle had not remained long at the scene after Hayden got out.
The defendant denied that he had caused trouble that night, and said he had simply been out celebrating the birth of his daughter.
He also produced a witness – the aforementioned passenger in the taxi. He told the court that he had hailed a taxi at nearby Monroe’s and, as he passed by the Bridge Mills, he saw Hayden, whom he knew, and asked if he wanted to share a lift. He was going to Corofin, which is about 20km from Annaghdown.
However, it was put to him by Judge Fahy, Garda O’Malley said that this witness was not the same man he saw on the night. He described that person as being young with a good head of hair, but the witness produced by Hayden was bald.
At this, Judge Fahy concluded that the defendant’s ‘bone fides’ were “totally suspect” and she proceeded to convict him.
The court heard that Hayden had 10 previous convictions, among them a conviction for robbery and possession of a firearm in 1991, for which he was sentenced to 15 months in prison.
The Judge remarked that she hoped the ‘witness’ had heard details of Hayden’s serious criminal record, and pointed out that it was a crime to give false information in a case.
“I’ll leave it to the State, if they want to do anything about it,” she added.
Hayden was convicted and fined a total of €700, and recognisances were fixed in the event of an appeal.