A judge yesterday rejected claims that gardaí had batoned a man while trying to arrest him for kicking over a roadworks barrier.
Judge Tom O'Donnell convicted the man on public order charges and his partner for assault and obstruction after an incident on Dublin's Marlborough Street on February 9th last year.
Dublin District Court heard that Mr Patrick Eames (41) and Ms Gillian Sheridan (29), both of Kincora Road, Clontarf, were arrested after they were initially observed having a heated argument on the street at around 12.50 a.m. by four gardaí in a patrol van.
When a garda spoke to them, they quietened down. A few minutes later, the van was back and the gardaí saw Mr Eames kicking over a plastic barrier protecting a hole in the road. Gardaí claimed Mr Eames bent down to pick it up and fell into the hole. He became abusive to Garda Dan Charles who tried to arrest him and began to struggle. Four gardaí had to handcuff him.
Ms Sheridan put her hand on a garda restraining Mr Eames and was screaming and shouting to let him go.
Gardaí said that as she tried to intervene, Garda Charles bumped into her as he was stepping backwards and this may have been what caused her nose to bleed.
She continued shouting and with blood from her nose on her hands she slapped Garda Graham Morgan across the face.
Mr Eames, who the court heard had 22 previous convictions, claimed he bumped into the road barrier and was picking it up after he was told to do so by one of the gardaí.
He struggled because he did not know why he was being arrested. "They took out their batons and started hitting me." Ms Sheridan said she put her hand on one of the gardaí calling on him to stop. "The policeman turned around and punched me in the face breaking my nose," she said, although she was unable to identify the garda.
Judge O'Donnell said he was satisfied the couple had a lot to drink and both were in an argument when gardaí first saw them.
He did not accept their claims the gardaí had drawn their batons but that Mr Eames was causing difficulties for gardaí who were entitled to arrest him.
He did not accept Ms Sheridan's version of events as she was highly intoxicated and had difficulty standing when she was brought to Store Street Garda station.
He gave both three month sentences, suspended for two years, and also fined them €127 each for being drunk and disorderly.