GARDAÍ HAVE denied claims they racially abused and assaulted a Nigerian-born Irish citizen who alleged he was singled out at a checkpoint because he was black.
Sunny Akpabot (42), formerly of St Ronan’s Green, Clondalkin, Dublin, now living in Coventry, UK, has brought a High Court action for damages against the Minister for Justice.
He claims he was assaulted, falsely arrested and unlawfully detained on January 9th, 2002 at Belgard Square North, Tallaght, Dublin. He also claims he was subject to racist and intimidating taunts at the checkpoint and in a squad car on his way to Tallaght Garda station after the incident.
The Minister denies his claims.
Mr Akpabot claims the first garda he met at the checkpoint told him he “could be a racist any day of the week he liked”. He alleges a second officer tried to pull him by the neck out of the car.
He claims he got out of his car and was pulled to the ground by both gardaí, before he was handcuffed and racially abused on his way to the Garda station.
On the second day of his action before Mr Justice Eamon de Valera and a jury, three gardaí who dealt with Mr Akpabot denied his claims and said it was he who was abusive and aggressive.
Garda Pádraig Harrington said as Mr Akpabot approached the checkpoint, he was talking on his mobile. He said Mr Akpabot became upset and wanted to know why he was being stopped.
The garda said he told him it was dangerous to be driving while on a mobile phone and asked him for his name and address, but he refused to give it. When told he was required by law to do so, Mr Akpabot said he knew high-ranking gardaí and would get the officer “into trouble”, the witness said. He gave his details and was signalled to continue on, he added.
Garda Harrington said he heard Garda Conor Harrison shouting “Stop, Stop”. Garda Harrison had his hand in the window of Mr Akpabot’s car which was moving, he said. Garda Harrington said he ran towards his colleague, who then freed his hand from the car, which stopped.
Garda Harrington said Mr Akpabot resisted when told he was being arrested for dangerous driving, and he had to be brought to the ground to handcuff him.
Cross-examined by Kenneth Fogarty, for Mr Akpabot, Garda Harrington said he did not say “I can be a racist any day of the week”. Garda Linda Kavanagh said she accompanied Mr Akpabot in the car to the station. She denied she pinched, hit or racially abused him. The case resumes on Tuesday.