'Innocent bystander' claims he was knocked by riot police during Queen's visit, court hears
A MAN claims he was injured when, as an innocent bystander, he was knocked down by riot police dealing with protesters during Queen Elizabeth II's visit here in 2011.
John Fagan says he was on his mobile phone as he went to collect his daughter from school when he says he was knocked over, his glasses fell off him and his phone fell to the ground.
Mr Fagan (60) of Lower Gardiner Street, Dublin is suing the gardai and the State for shoulder and leg injuries he says he suffered in the fall on the pavement at Dorset Street, Dublin, on the day of the queen's visit to the Garden of Remembrance on May 17, 2011.
He claims that as an innocent bystander he was negligently knocked down as gardai in riot gear and carrying shields advanced towards protesters.
Opening the case in the High Court yesterday, his counsel Michael Byrne said and there was no suggestion Mr Fagan was involved in the protest.
It was accepted the Gardai have to carry out their duties but they must show reasonable care, he said.
There was no reason why they could not have run past Mr Fagan.
The defendants do not accept Mr Fagan was knocked over and say there was contributory negligence on his part for failing to heed the public order announcements for people to leave the area.
Gardai say there was a phased advance up the street with public announcements at each stage.
The case continues.