Florence GREHAN, the clinical photographer, stated to the Garda Ombudsman

investigation on the 28 th of April 2009 that she had examined the buttock and genital
areas of Terence WHEELOCK on the 3 r d of June 2005 and that no obvious bruising was
present.

All the Garda members deny that an assault of any kind took place.

The underwear of the deceased was examined on two occasions for traces of semen. No
semen was found on the underwear worn by the deceased.

Expert opinion, including that of Lee FAGAN the Forensic Scientist employed by the
family to examine the blood staining on the clothing of the deceased, agreed that medical
intervention and specifically the insertion of an arterial line into the groin area may have
caused the bleeding which resulted in the blood stained clothing. Lee FAGAN concluded,
"There is no scientific evidence to suggest that he was assaulted to the point of bleeding
when he was standing or kneeling."

It is the conclusion of this investigation that Terence WHEELOCK was not sexually
assaulted during his arrest or detention at Store Street Garda Station.

The Complaint of MALE A

Yvonne BAMBURY solicitor for the WHEELOCK family provided the details of a
Mister [MALE A who she believed may have been mistreated in custody by
some of the Gardai involved in the arrest of Terence WHEELOCK. She believed that the
nature of the alleged assault was similar to that thought to have occurred during Terence
WHEELOCK's detention.

158
the Garda Ombudsman investigators.

September :o()-l| MALE A

the Gardai to Inspector Thomas MATTHEWS relating to an incident on the 12th of April
2004.

MALE A *s complaint related to an alleged assault by Gardai at Sean O'Casey

MALE A stated that as a result of the assault he lost consciousness and
woke up on the floor of the public office of Fitzgibbon Street Garda where he was being
kicked by Gardai.

He alleged that the Gardai who were assaulting him tried to open his arms to enable them
to re-open a stab wound that he had suffered some weeks previously. He stated that when
they failed to do this the Gardai turned him over and pulled down his trousers, that he
kept his legs crossed and that he was struck between 10 and 15 times on the tailbone. He
stated that the bottom of his back, his arms and his eyes were covered in bruises.

He states he was then put into a holding cell where he states he was further assaulted by a
Garda member who punched him in the face.

He stated that he was refused access to a Doctor and a solicitor.

He also stated that he was woken up and takenfrom the cell and charged with four
offences. He stated he was then taken to Store Street station where he informed a female
Sergeant of the assault.

MALE A provided a statement to Garda Ombudsman investigators in which he

Fitzgibbon Street Station, "I was slapped on the face and I was punched on my body. I
was bending forward to prevent the Gardai from hitting my stitches in my stomach area.
The Gardai were trying to bust my stitches."

MALE A goes on to make an allegation against a named Garda member whom

he states pulled his trousers down and struck him around the anus with a baton. He states
that the baton did not penetrate his anus but that it caused bruising to his tail bone.

In his statement to the Garda Ombudsman MALE A named the Gardai against
whom he made these allegations. None of the Gardai named by | MALE A' as
having been involved in any of the alleged assaults played any part in the arrest and
detention of Terence WHEELOCK.

The Garda Siochana Complaints Board, in its correspondence with MALE A

listed the names of all the members who were subject of the investigation. Of the Garda
members involved in the arrest and detention of Terence WHEELOCK, only Garda
was also involved in the complaint by Mr. MALE A

Whilst, MALE A made no direct allegations against Garda , Mr.

MALE A did state that Garda was present and witnessed the assault at
Fitzgibbon Street Station. Garda was also PRESENT at Store Street
Station from 2 pm on the 2 n d of June 2005 and was involved in the detention of Terence
WHEELOCK.

Documentation from the Garda Siochana Complaints Board dated October 2005 would
confirm that Garda| was one of several members subject of the
investigation into the complaint made by MALE A . The Complaints Board
documentation indicates that afile on the matter was referred to the Director of Public
The Garda Siochana Complaints Board was of the opinion that a breach of discipline was
disclosed on the part of some of the members involved. In relation to some of the
members, including Garda| [ the breach was dealt with informally by the Garda
Commissioner by way of advice, admonition or warning. In relation to some of the other
members, the matter was referred to the Garda Commissioner to be dealt with at a
tribunal.