A MAN has told the High Court he was punched in the head and face by a garda after being dragged into a corridor at the back of Pearse Street Garda station in Dublin.
Henry Fleming (33) said he received injuries to his shoulder and neck as a result of the assault on February 12th, 2001. Under cross-examination, he disagreed that the injuries were the result of a struggle with the garda, who was trying to arrest him.
In continuing proceedings before Mr Justice Eamon de Valera and a jury, Mr Fleming, an accountant from Ratoath, Co Meath, his wife, Ruth Mangan (31), and her brother, William Mangan (27), Glenties Park, Finglas, are suing the Garda Commissioner and the State for damages for alleged wrongful arrest, assault and malicious prosecution.
Mr Mangan claims he was punched on his way into the station and beaten with a broom handle in the cell. Mr Fleming claims he was punched after being grabbed and pulled into the station. Ms Mangan claims a female officer stamped on her bare foot while trying to make her remove her skirt inside the station.
The State denies the claims and pleads that, if the three were injured, that was brought on by the aggressive behaviour of the two men on the night. The State claims William Mangan kicked a garda in the groin in O'Connell Street, Henry Fleming attacked an officer in a garage area at the rear of the station and Ruth Mangan bit the officer as he tried to arrest Mr Fleming.
The court has heard that the three and a friend had been told by gardaí to leave Burger King restaurant on O'Connell Street and that, on the street afterwards, a confrontation began between Henry Fleming and one of the officers before William Mangan was arrested and brought to Pearse Street station.
Yesterday, Mr Fleming said he saw William Mangan being beaten at a door at the rear of Pearse Street station. When he had intervened, he was punched in the face and head in a corridor just inside the door, Mr Fleming said.
Cross-examined by Conor Maguire SC, for the State, Mr Fleming disagreed he had been asked to leave Burger King because he was making lewd signs with the doughnuts. He disagreed he was boisterous in the restaurant.
He also said he did not see Mr Mangan kick one of the gardaí on the street. He disagreed with a suggestion that bruising he received to his neck and shoulders was the result of the garda putting him in a headlock and pulling him into the station.
The court heard Mr Fleming was charged with public order offences over the events on O'Connell Street only, charges which were later dropped. He was never charged for what happened in the Garda station.
Chris McDonnell, a friend of Mr Fleming who was with the group, said that, after they left the restaurant and while arranging to get taxis, one of the gardaí went up to Mr Fleming "full on in his face, just straight on confrontation".
Mr McDonnell said he believed the garda was trying to bully Mr Fleming who "was just not prepared to be bullied." He also heard the garda saying "f . . . off or I will break your head" to Mr Fleming.
When Mr Mangan's girlfriend tried to get between the garda and Mr Fleming, the officer pushed her and she fell to the ground, Mr McDonnell said. At that point Mr Mangan moved towards them and Mr McDonnell said he tried to grab Mr Mangan "to make sure he did not strike the garda".
However, another garda had kicked his own (Mr McDonnell's) feet from under him from behind and he fell to the ground, the witness said. By the time he got, up Mr Mangan was in the Garda van.
They went to the station where Mr McDonnell said he saw Mr Mangan on the ground with two gardaí above him and he saw at least one garda striking Mr Mangan. The trial continues today.