A Garda sergeant agreed to arrest Mr John Carthy so that he could be committed under the Mental Treatment Act after Mr Carthy's sister said she was afraid he would "end up in the river".
Sgt Mary Anne O'Boyle was on patrol on the night of February 20th in the Eyre Square area of Galway, when a woman, who identified herself as Ms Marie Carthy, the sister of Mr John Carthy, approached her in a state of distress.
"She said she was worried about her brother. She expressed the view that he was suicidal. He had told her he wouldn't be around for much longer."
Sgt O'Boyle told Ms Carthy that she could arrest him under the Mental Treatment Act if Ms Carthy wished to have her brother committed to a mental hospital. She made it clear to Ms Carthy that this was a very serious step.
"Ms Carthy said she felt left with no alternative but to sign a commitment order or her brother would, in her own words, 'be found in the river in the morning'," Sgt O'Boyle told the Barr tribunal.
She and Garda Oliver White accompanied Ms Carthy and her friend, a Mr Shelley, to Supermacs restaurant, where Mr Carthy was eating. Ms Carthy asked to be allowed to speak to her brother first, and Sgt O'Boyle said he could be overheard saying, "what have you done" to Ms Carthy.
Sgt O'Boyle arrested Mr Carthy under the Mental Treatment Act. He came voluntarily and did not need to be restrained. "Mr Carthy was annoyed at being arrested. He said to his sister that he would never forgive her."
In the patrol car on the way to the station, Mr Carthy accused Sgt O'Boyle of enjoying the arrest. However, he remained polite and calm.
When Mr Carthy was taken into custody, he appeared to be "quite normal", although he refused to speak to his sister. He had drink taken but was not drunk.
Sgt O'Boyle said Mr Carthy was not detained in a cell, but sat in the company of Garda White in a corridor. Shortly after 12.30 a.m., he was seen by a Dr Horgan who did not form the impression Mr Carthy was suicidal.
However Dr Horgan said she would approve committal to Ballinasloe mental hospital if Ms Carthy wished. Alternatively, Ms Carthy could take her brother home with her for the night. Ms Carthy chose the latter, and Mr Carthy was released into her care.
He was "delighted to be released" and seemed to have no animosity towards his sister. "He shook our hands as he left."
