A High Court jury has dismissed an action for damages by a man who claimed he endured a horrific experience when he spent nine days in prison in 1997-98 as a result of being mistaken for another man.
Patrick Kelly, Ard na Rí, Letterkenny, Co Donegal, admitted he had failed to pay £350 in fines for drink driving and a public order offence, but claimed that, when gardaí came to arrest him, a warrant they had used related to another man of the same name. He also claimed that when he offered to pay them £350, they refused to take it.
In evidence opposing the action, gardaí said they had had three warrants in their possession when they arrested Mr Kelly and that while one of the warrants related to another man of the same name, the other two were for Mr Kelly.
They also denied that he had offered to pay any money immediately after his arrest. Yesterday, following 2¼ hours deliberating, a jury of six men and six women found that Mr Kelly, or people on his behalf, did not offer to pay £350 to the gardaí. He was therefore not entitled to any damages, the jury concluded.
Mr Justice Éamon de Valera awarded costs against Mr Kelly for the four-day trial.
Mr Kelly, a father of two, had sued for damages for false imprisonment in proceedings brought against Denis Fitzpatrick, Chief Supt of the Donegal Division, John O'Brien, governor of Loughan House prison, Co Cavan, the Minister for Justice, Ireland and the Attorney General.