THREE PEOPLE have taken a High Court action for damages over their alleged wrongful arrest and assault in a Garda station after an incident at a restaurant.
William Mangan (27), Glenties Park, Finglas, Dublin, his sister Ruth (31) and her husband Henry Fleming, from Ratoath, Co Meath, are suing the Garda Commissioner, the Minister for Justice and the State, claiming damages for wrongful arrest, assault and malicious prosecution.
The State denies the claims and contends the gardaí were assaulted while carrying out their duties. If the three were injured, which is denied, such injuries were caused by the aggressive behaviour of the two men, the defence pleads. The State claims Mr Mangan kicked a garda in the groin in O'Connell Street, that Mr Fleming attacked an officer outside Pearse Street Garda station and Ms Mangan bit another officer as he tried to arrest Mr Fleming.
The case opened yesterday before a jury and Mr Justice Eamon de Valera. Opening the case, John O'Donnell SC, for the three, said the incident occurred about 1am on February 12th, 2001, after his clients and some companions had been asked to leave the Burger King restaurant on O'Connell Street, Dublin.
It was alleged they were asked to leave by two gardaí who were told by a security man that a group, including one of the plaintiffs, was causing a nuisance.
The group was asked to leave by a garda and they had left, counsel said. Outside, remarks were exchanged between Mr Fleming and a garda, he said. Another man was allegedly kicked or pushed by a garda and Mr Mangan's girlfriend was pushed on to the street.
Mr Mangan, a mechanical engineer who was 19 at the time, said he went to help his girlfriend and was arrested and taken to Pearse Street station, where he claims two gardaí beat him up, first in the yard and later in his cell.
Under cross-examination by Conor Maguire SC, for the State, he denied that Mr Fleming had been asked to leave Burger King because he made lewd remarks about doughnuts and women's genitalia. He denied his arrest was for kicking a garda in the groin.
The court heard all three were released later that day after being charged with public order offences and assault. They were before the District Court 11 times before the charges were struck out because of the time delay and allegedly missing CCTV footage from the Garda station. The case continues.