A man who claims he was knocked down by gardaí in riot gear as they advanced against protesters in north Dublin city centre during Queen Elizabeth's visit to Ireland has sued for damages.
John Fagan claims he was talking on his mobile phone while on his way to collect his daughter from school when he was knocked over on Dorset Street. His spectacles were knocked off and his phone fell to the ground, he says.
Mr Fagan (60), Lower Gardiner Street, Dublin, has sued the Garda Commissioner and State over alleged shoulder and leg injuries which he claims he suffered on May 17th, 2011, when Queen Elizabeth visited the Garden of Remembrance.
Mr Fagan says he was an innocent bystander negligently knocked down as gardaí in riot gear advanced up the street.
Michael Byrne SC, for Mr Fagan, said there was no suggestion his client was involved in the protest. It was accepted gardaí had to carry out their duties but, he argued, they must show reasonable care. There was no reason a riot policeman could not have run past Mr Fagan, he argued.
The defendants plead contributory negligence on his part for allegedly failing to heed public order announcements asking people to vacate the area.
Ms Justice Mary Irvine was told various roads in the capital were cordoned off on the day of the visit. Protesters had gathered on Dorset Street and a steel barrier had been thrown.
In evidence, Mr Fagan said he stopped to phone his daughter to tell her to wait at the school for him and he saw a protester throw a steel barrier.
“The next thing I was lying on the ground. It only took a split second. I had an intense pain in my knee.”
He had refused to travel in an ambulance and just tried to get home, he said. He did not hear any public warning announcements and had no reason to believe he should not be on the street.
The case continues.