A claim for damages brought by a Mullingar publican for an alleged assault by a garda has been settled out of court for an undisclosed sum of money.
The High Court was told yesterday that the proceedings brought by Patrick Munnelly, Main Street, Ballinacargy, Mullingar, Co Westmeath, against Ireland and the Attorney General had been settled. Paul O'Higgins SC, for the State, told Ms Justice Elizabeth Dunne that there should be an order of costs for Mr Munnelly. Mr O'Higgins said that on behalf of the defendant, he wished to state that no imputation of any kind was made on Mr Munnelly's character arising out of the proceedings and if any imputation was made, the defendant regretted it.
Mr Munnelly's solicitor, Damien Tansey, said the settlement terms were "substantial".
Mr Munnelly had brought a claim for damages for slander, assault and battery, false imprisonment and a breach of his constitutional rights arising out of an incident involving Garda Roger Nicholson outside Mr Munnelly's daughter's pub, Murray's, at Dominick Street, Mullingar, on December 7th, 1999.
He claimed he was bringing kegs of beer which he had bought earlier to Murray's pub when he was approached by Garda Roger Nicholson whom he believed was going to reprimand him for being double-parked.
However, Garda Nicholson accused him of having stolen the kegs. Mr Munnelly said he grabbed his lapels and shook him violently and that he was pushed against a parked car before he broke free and went to Mullingar Garda station, where he reported the incident.