Man accused of threatening to kill Garda Detective alleges he was beaten by Gardai while being arrested at home

Garda Landers said he was left afraid for himself and his family after Mr Barry allegedly threatened to murder him, his children and his mother

A man on trial accused of threatening to kill a serving Limerick-based Garda Detective, has claimed he was "beaten" and "dragged" out of his house by Gardai when he was being arrested for making the alleged threat, his lawyers today told Limerick Circuit Criminal Court.

Barristers for Kieran 'Bunny' Barry told his trial which began yesterday that their instructions from Mr Barry were that he was "sprayed (with pepper spray), beaten and dragged" out of his home by Gardai on the night he was arrested.

Mr Barry, (51), of Galvone Road, Kennedy Park, Limerick, denies threatening to kill or cause serious harm to Detective Garda Dean Landers, Roxboro Road Garda Station; possession of cannabis for sale/supply; possession of cannabis and resisting Det Gda Landers in the execution of his lawful duty.

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The offences are alleged to have occurred on May 3, 2019, at Mr Barry’s home.

Detective Garda Landers told the court that he and other Gardai responded to a call of a dispute between a group of people outside Mr Barry’s home, at around 9pm on the night.

Garda Landers said he was left afraid for himself and his family after Mr Barry allegedly threatened to murder him, his children and his mother.

"I was worried, I’ve been in Limerick 13 years and a Garda for 15 years, but, he (Mr Barry) looked me in the eyes and told me he was going to murder me, and I 100 per cent believed him," Gda Landers said.

"He (Mr Barry) said he would bury me somewhere where no one would find me, he told me 'I know where you live', he told me he was going to give me a slow death and that he would give my kids an even slower one."

Garda Landers further alleged that Mr Barry told him that "he was going to call to my mother and he was going to f**k her and strangle her".

"While he was doing this he had his two hands out in a strangling motion and he was gyrating his hips."

Garda Landers said Mr Barry allegedly fled the scene but was arrested a short time later at his home after Garda Landers said he deployed pepper spray into Mr Barry’s eyes in order to incapacitate him on the night.

Senior defence counsel, Andrew Sexton, put it to the Garda witness that "Mr Barry’s words are that he was sprayed, beaten and dragged", to which Garda Landers replied, "I definitely wouldn’t agree with that."

Sergeant Eoin McDonagh, who at the time was serving at the rank of detective garda, based out of Roxboro Road garda station, gave evidence Thursday that he arrested Mr Barry after Garda Landers and another detective restrained the accused in the front room of his home.

Amy Nix, junior defence counsel for Mr Barry, put it to Sergeant McDonagh that Mr Barry’s instructions to her were that he was "sprayed, beaten and dragged out" of his home.

Sergeant McDonagh said he was aware Mr Barry had been pepper sprayed but he did not know anything about Mr Barry’s allegation that he was beaten.

Sergeant McDonagh agreed under questioning by Ms Nix, that his own contemporaneous notes written on the night in question included that Mr Barry shouted at gardai "f**k ye all, corrupt bastards", but that he had not included this in his prepared statement.

"Sometimes statements aren’t made for days or even months," Sgt McDonagh said.

He agreed with Ms Nix that the prosecution’s Book of Evidence contained Garda witness statements only as no other witnesses, independent of gardai, had made a statement.

"No one came forward," Sgt McDonagh said.

Sergeant McDonagh agreed with prosecution counsel, John O’Sullivan, BL, that Mr Barry’s alleged comments "F**k ye all, corrupt bastards" were made after his arrest while he was being cautioned, and that Sgt McDonagh’s contemporaneous notes from the night had been disclosed to Mr Barry’s legal defence team prior to the commencement of the trial.

Both Sergeant McDonagh and Detective Garda Landers agreed under questioning from Mr Barry’s defence barristers that it was their opinion that Mr Barry appeared to be intoxicated on the night.

Garda Landers, who was armed with his official Garda-issue handgun, said Mr Barry "ran" at him and threatened him again after he had entered Mr Barry’s home through the front door, which was unlocked, and identified himself as "armed gardai" for the purposes of arresting the accused.

Garda Landers said he deployed "a short burst" of pepper spray into Mr Barry’s eyes in order to "incapacitate him" and make it easier to effect the arrest.

Garda Landers said he had been carrying his official Garda handgun on his hip holster, but he did not display the licensed firearm at any stage, adding: "It’s something I hope I never use."

The trial continues before Judge Colin Daly, and a jury of eight women and four men.

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