A taxi driver who claims he was kicked and punched by gardaí after he observed an incident in Dublin city during which parking tickets were being issued to another taxi driver has brought a High Court action for damages.
Christopher Kearns (60) is claiming damages for assault, false imprisonment, malicious prosecution and negligence, in his action against the Garda Commissioner and the Attorney General. The case opened yesterday before Ms Justice Elizabeth Dunne and a jury.
Mr Kearns of Newbrook Court, Mountbrown, James Street, Dublin, told the court he was in Tin Tin's Chinese restaurant on Baggot Street on November 18th 2000 when he heard parking tickets were being issued by gardaí around the corner in Mespil Road.
He said he was legally parked elsewhere but, as he entered Mespil Road, another taxi driver who was illegally parked had told a garda that he would be better off arresting the drug pushers down the road.
A confrontation started and the garda involved became "quite aggressive" and waved his pen in front of the other taxi driver's face, Mr Kearns said.
The garda had beckoned to Mr Kearns to move back which he did, he said. The garda then said: "I told you to move", Mr Kearns said. When he replied that he was doing nothing, the garda said he was arresting him.
His arms were placed behind his back and he was handcuffed, Mr Kearns said. He had told the garda he was hurting him. "I was shocked by the whole thing." Another garda had then come over and the two gardaí "frog marched" him to the patrol car where, he said, he was "kicked and punched".
He said he was in a complete panic. They tried to put him into the patrol car feet first but he resisted, he said.
Mr Kearns said he was subsequently lying across the back seat of the patrol car with his hands handcuffed behind him. A garda came and slammed the door on his feet. A garda then sat on his torso and he had tried to gasp out that he could not breathe.
"I thought I was dead for sure, " he said. He said he suffered nightmares about being "trapped" because of what happened to him. The arresting gardaí had told him that he was finished driving taxis in this city, he said.
He was brought to Donnybrook Garda station and released. His colleagues rang for an ambulance which took him to St Vincent's hospital. He said he had pain in his right wrist and left thumb and a weakness in his right leg.
He was later convicted in the District Court on two charges of offences under the Public Order Act for obstruction, but had those convictions overturned on appeal. The Evening Herald had published the fact that he was convicted but no newspaper reported the convictions being quashed, he said.
Cross-examined by Mr Conor Maguire SC, for the State, Mr Kearns denied a suggestion that he had butted in on the garda who was giving out the parking tickets or had attempted to interfere in what was happening.
Mr Maguire said Garda evidence would be that Mr Kearns had blocked the footpath and had refused to move on despite being cautioned that he was causing an obstruction.
The hearing continues today.