Man alleges assault in garda custody

A Kerry man has taken High Court proceedings, alleging gardaí assaulted him in Tralee and Listowel stations and conspired to fabricate charges against him.

In proceedings against the State, the DPP and Garda Commissioner, Mr Noel Ó Murchú, Manor Lawn, Tralee, is seeking an injunction restraining the DPP from bringing a "groundless" prosecution against him in Tralee District Court.

When the case came before Mr Justice Kelly yesterday, Mr Ó Murchú said he was seeking legal aid under the Attorney General's scheme. He said he had a mobile phone business but was unemployed following problems with a supplier, against whom he was taking legal proceedings.

The judge adjourned the case for two weeks to enable Mr Ó Murchú to receive legal advice.

Mr Anthony Collins, for the DPP, said he would be contending Mr Ó Murchú was not entitled to seek to prevent a prosecution when he had yet to be charged.

Mr Ó Murchú said he was a victim of a campaign to pervert the course of justice and fabricate charges against him. He would be seeking damages for false imprisonment, assault and breach of his constitutional rights.

He said he had only one previous conviction in Ireland and that was for a public order offence. He had served a nine-year sentence in the US after being convicted in 1986 of unlawful dealing in firearms and other charges. He was released in 1992, rearrested and held without bail until 1994, when he was deported to Ireland.

From 1994 until last March he had no dealings with the gardaí. Since then, however, he had experienced a distinct increase in garda activity, including surveillance, stopping him when driving and general harassment. On March 17th, he was in a bar in Tralee and was followed into the lavatory by a man, whom he believed to be a garda, and that man had hindered him leaving.

Later that evening, he got into his car and had driven about 100 yards when he was stopped, put into an unmarked garda car and driven to the station. He asked for a doctor but none was provided. He was brought to a cell and awoke about 3.30 a.m. to find between three to five people sitting on him and punching him.

Mr Ó Murchú said he was released the next day but refused to leave the station without making a complaint. A garda twisted his arm behind his back.

In an affidavit, Mr Ó Murchú also said that on March 24th, after being interviewed in Listowel station about an armed robbery in which he was not involved, he was told by a detective: "This is how it's going to be. We're going to write your statement. We're going to stitch you up. We're going to use our imagination and put it out that you're an informer." Mr Ó Murchú said he ran to the door and shouted: "Help! Help!" He said he was head-butted by a detective and received a blow of a fist in the head from another. He said both detectives punched him in the body and he ended up on the floor.

He said the detectives then began pretending to have sore backs and said they would charge him with assaulting them.