A MAN who claimed a number of gardaí “beat the crap out of him” in Dún Laoghaire has been awarded €52,400 damages by a High Court jury after it found, by a nine to three majority, excessive force was used on him.
Michael Turner (41), a fitter/driver of Ballyogan Wood, Carrickmines, Dún Laoghaire, Co Dublin, had brought an action for damages against the Garda Commissioner and Minister for Justice over the incident on the night of Friday, August 9th/10th, 2002.
Mr Turner claimed damages for alleged assault and battery, false imprisonment and malicious prosecution.
Mr Turner’s counsel, Mark de Blacam, said that at about 9pm on the night in question, his client met a friend and they went to the Cosy bar on George’s Street, Dún Laoghaire, where Mr Turner had about five or six pints and a cocktail. They left about 11.30pm, went to Nemo’s night club and left there at about 1.30am or 2am.
Mr Turner claimed that, as he was standing at the doorway of the club, he was accosted by a bouncer who told him to “f***ing leave”. He was grabbed by the throat, pushed against a wall, and he and the bouncer fell to the ground.
A Garda van arrived without delay, Mr Turner was handcuffed, lifted by the hands and legs, and thrown into the van, the jury was told. Four gardaí were involved in his arrest, it was stated.
On arrival at Dún Laoghaire Garda station, Mr Turner was dragged from the van.
He said he was kicked and punched and one garda had leaned on his back. He said he was then dragged into the station and, when he asked for a doctor, was told “you are getting f***ing nothing”.
He had a laceration to his head which was bleeding profusely and was brought to St Michael’s Hospital where he received a number of stitches. It was alleged at least one garda used a baton during the course of the incident.
Mr de Blacam said his client had only one conviction for having no car insurance. Arising from the incident in Dún Laoghaire, Mr Turner was charged with a number of offences, including being drunk and disorderly.
Six charges were dismissed against him at the District Court on July 12th, 2004. On September 16th, 2005, after Mr Turner was in court 14 times, the last charge was dismissed. He was diagnosed with post-traumatic stress disorder as a result of what occurred, the court was told.
The defendants denied the claims and alleged Mr Turner behaved like a wild animal and was “out of his head” and intoxicated at the time of the incident.
Under cross-examination, Mr Turner accepted he resisted arrest but said that was because he had not done anything. He had no explanation for why he was attacked by the bouncer outside the club or why gardaí arrested him.
Garda evidence was that Mr Turner was kicking and lashing out before being brought into the Garda station, throwing punches, shouting and threatening to kill all of them. They claimed he had tumbled to the ground when he was being taken into the station and at that time it was observed there was a cut on his head.
After the verdict yesterday, Ms Justice Elizabeth Dunne thanked the jury and said it was one of those cases which involved an individual who had taken on the might of the State. It was always difficult to have to deal with that, she said.