A VERDICT is expected today in a High Court action in which two brothers are claiming a garda drew his baton in an unprovoked attack on them six years ago.
The hearing of evidence before Mr Justice Kinlen and a jury ended yesterday, the fourth day of the action being taken against Garda Thomas Kiernan, Boyle, and the State by Mr James Sweeney (26) and Mr Padraig Sweeney (23), of Plunkett Avenue Boyle, Co Roscommon. The defence has denied the claims.
Insp Thomas Commons, now based in Roscommon, was the sergeant in charge of Boyle station in February 1990. He had directed that Garda Kiernan take statements from the brothers after receiving a report from the garda that he used his baton in an incident on February, 18th, 1990.
On February 19th, Padraig Sweeney came into the station and said he would not be making any statement and only wanted his complaint to be brought to the attention of the authorities.
Insp Commons said batons were issued to all gardai to be used for self protection should they be violently attacked. Batons could be drawn by a member in a situation where they were likely to be overpowered but they should avoid striking anyone deliberately on the head.
Garda John Kearns, who was a passenger in the Garda squad car driven by Garda Kiernan on February 18th, 1990, said he did not see Garda Kiernan when he went into the arcade in Bridge Street to speak to three youths.
Cross examined by Mr Peter Charleton SC, for the brothers, Garda Keams said he did not see what was going on from the car. He tried to get out of the car when he heard jostling in the arcade but had to wait until a bus had passed.
By the time he got out of the car Garda Kiernan was walking away from the Sweeney brothers towards him. Garda Kiernan was breathless and was not holding his baton. He noticed that Padraig was holding his brother, James, by the arms.
Garda Kearns said he did not speak to Garda Kiernan when they drove back to the station. He believed Garda Kiernan was angry with him because he had not come, to his aid.