A Co Mayo detective put a revolver to a man's head, spun him around and pinned his face against a wall when arresting him, the High Court was told today.
Mr Justice Barry White heard that Det Garda Justin Clarke, Castlebar, held the gun to Mr Joseph McGuinn's head while informing him he was being arrested under Section 30 of the Offences Against the State Act with regard to an illegally held firearm.
Mr McGuinn's solicitor, Mr Aidan Crowley, said the incident happened at a building site on April 8th, 2003, where his client was employed as a construction worker.
Mr McGuinn, of Castle Grove West, Castlebar, had been with his employer, Mr Michael Hopkins, when five gardaí arrived. Det Garda Clarke had pushed Hopkins aside before putting his revolver to Mc Guinn's head.
Det Clarke had alleged Mr McGuinn was a suspect in an incident which was alleged to have occurred in Castlebar on the previous day.
Mr Crowley said Mr McGuinn had been forcefully removed from the house he was working in and frogmarched to a Garda squad car. He had been taken to a multi storey car park where gardaí had visited the office before returning and taking Mr McGuinn to his flat where he had been submitted to "the most debilitating form of verbal aggression and intimidation."
Mr McGuinn had then been taken to the garda station where he had been kept for two and a half hours before having been told he could go. Another garda had been told to take him back to his work and to explain to his employer he was not in trouble with the gardaí nor involved in their investigation.
Mr Crowley said a complaint had been made to the Garda Complaints Board but following interviews, a change of investigating officer and a further arrest of Mr McGuinn. The only outcome had been Mr McGuinn having been charged with failing to report a change of ownership of a car he had sold.
Mr Justice White granted Mr McGuinn an order restraining the gardaí from prosecuting him; leave to seek prohibition of further criminal proceedings and order directing the Garda Commissioner to appoint an officer from outside the Mayo Garda Division to properly investigate Mr McGuinn's complaints.